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(영문) 서울중앙지방법원 2018.07.24 2017가단5178099
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On December 10, 200, the Plaintiff was running a restaurant business under the name of “D” with the renewal of the lease agreement every year since he leased the second floor housing and neighborhood living facilities located in the city of the government, the building of this case owned by the Defendant from the Defendant.

On October 15, 2016, the Plaintiff agreed to transfer the right to lease of the building of this case in KRW 5 million between E (tentative name F) and E (tentative name F) and to terminate the contractual relationship with the repayment of the down payment if the Defendant, a lessor, refuses to change the lessee, while receiving the down payment of KRW 1 million.

On November 5, 2016, the Plaintiff concluded a lease agreement again with the Defendant on December 10, 2012, setting the period of one year, seven million won of lease deposit (three million won of store, four million won of house), and one million won of rent per month.

G The subsequent purchase of the instant building from the Defendant on June 30, 2017

7. 7. The Plaintiff notified the Plaintiff that the Plaintiff did not wish to renew the lease agreement.

[Ground of recognition] Facts without dispute, Gap 1 to 4-2, the purport of the whole pleadings

2. The Plaintiff asserted and determined that, although the Plaintiff entered into a contract with E to transfer the right of lease of KRW 5 million for the premium with E and arranged E as a new lessee, the Defendant obstructed the Plaintiff’s collection of the premium by refusing to enter into a lease agreement with E without justifiable grounds, Articles 10-4 and 10-4 (Protection of Right to Collect Premium, etc.) of the Commercial Building Lease Protection Act (Protection of Right to Collect Premium, etc.) (1) No. 10-4 (Protection of Right to Collect Premium, etc.) of the Commercial Building Lease Protection Act shall not prevent the lessor from receiving the premium from a person who wishes to become a new lessee arranged by the lessee under the contract for the premium by doing any of the following acts

(Sicker omitted)

4. Other cases where a lessor wishes to become a new lessee arranged by a lessee without justifiable grounds.

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