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(영문) 광주지방법원 2019.01.25 2018가단504550
임대차보증금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. On or around June 2014, C was running a scambling business by leasing the entire 256.79 square meters (hereinafter “the instant scambling business”). On or around April 2015, the Plaintiff paid C the 153,000,000 won (all 153,000,000,000 business facilities and business facilities of the instant scambling business, and 30,000,000,000 won) among the real estate listed in the attached list (hereinafter “the instant building”) owned by the Defendant, which is owned by the Defendant, and the Plaintiff acquired the instant scambling from the Defendant on April 23, 2015, the Plaintiff did not have any implied dispute between the parties to the instant lease contract and the renewal period from April 20, 2015 to June 30, 2015 (hereinafter “the instant lease agreement”).

2. The parties' assertion

A. On June 17, 2016, the Plaintiff refused to enter into a lease agreement with D without justifiable grounds when the Plaintiff intended to transfer the instant scambling business to D.

At the time, the Defendant promised to enter into a lease agreement at any time upon taking another person into account, but around December 2017, the Plaintiff refused to enter into a lease agreement with E in order to transfer the instant scambling business right to E, while the Plaintiff was willing to sell the instant building to another person, which prevents the Plaintiff from finding a new lessee because it was called a plan to sell the instant building to another person. This is difficult to find a person who intends to become a new lessee because the date is written in the neighboring business district.

This is an act to interfere with the collection of premiums under Article 10-4(1) of the Commercial Building Lease Protection Act (hereinafter “act to interfere with the collection of premiums”). Thus, the defendant is liable to compensate the plaintiff for damages due to tort or commercial building lease protection act, and the premium that the plaintiff would have been expected to be paid to the plaintiff.

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