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(영문) 전주지방법원 2017.04.12 2016나9400
건물명도
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and they are cited by the main sentence of Article 420 of the Civil Procedure Act, except for the addition to the following.

2. In addition, the Defendant asserts that the Plaintiff is obligated to compensate the Defendant for damages equivalent to the above premium pursuant to Article 10-4(3) of the Commercial Building Lease Protection Act (hereinafter “Act”) since the Plaintiff directly uses the instant building and notified the termination of the instant lease agreement and the Defendant lost the opportunity to recover the premium paid by the lessee to the relocating lessee of the instant building. Accordingly, the Defendant asserts that he/she has the obligation to compensate the Defendant for damages equivalent to the premium

First, as the Act was amended by Act No. 12042 on August 13, 2013, Article 2(3) was newly established to expand the scope of application of some provisions regardless of the amount of security deposit under the Enforcement Decree of the Act. Article 1 and Article 2 of the Addenda of the Act provide that "the above amended Act shall enter into force on the date of its promulgation, but shall apply from the date of its first enforcement, which is concluded or renewed after its enforcement." Article 10-4 of the Act was newly established upon the amendment by Act No. 13284 on May 13, 2015. Article 2(3) of the Act included the above Article 10-4 of the Act, and Article 3 of the Addenda of the Act provides that "The amended provisions of Article 10-4 shall continue to apply from the date of the enforcement of the above amended Act, which shall continue to exist after the enforcement of the Act." Thus, Article 10-2(3) of the Act shall be interpreted as the first enforcement of the Act.

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