(영문) 수원지방법원안양지원 2019.01.25 2018가단111890

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Reasons

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(영문) 수원지방법원안양지원 2019.01.25 2018가단111890

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 29, 2014, the Defendant: (a) decided on April 29, 2014 that the head of Pyeongtaek-si C gas station site owned by the Defendant (hereinafter “the Deputy Head of Sejong-si”) set the lease period as the lease period from April 1, 2015 to 24 months; and (b) decided not to recognize the premium.

(hereinafter “instant lease agreement”). B.

After the termination of the above lease term, the Plaintiff delivered the third Deputy Director of the case to the Defendant.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The main point of the argument is that the Defendant removed the instant three deputy head before the termination of the instant lease agreement, thereby obstructing the Plaintiff from receiving the premium from the new lessee.

Therefore, before the amendment of the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018) by the Plaintiff

c. Article 2(1) of the Family Lease Act

(B) Pursuant to Article 10-4(3) of the Commercial Building Lease Act, a lessor is obligated to pay to the Defendant for damages equivalent to KRW 40 million and damages for delay thereof. (B) According to the main sentence of Article 10-4(1) of the Commercial Building Lease Act, a lessor is obligated to pay the lessee the amount of the premium to be paid. (1) A lessor is from three months before the lease term expires to the date of termination of the lease. (3) A lessee is refusing to enter into a lease agreement with a person who intends to become a new lessee arranged by the lessee. (2) A lessee’s act of demanding the lessee to pay the premium to the new lessee; (3) A lessee’s act of preventing the lessee from paying the premium to the new lessee; (4) an act of demanding the lessee to rent and deposit substantially high amounts in light of taxes, public charges, rents, deposits and other charges on commercial buildings; and (4) A lessor refuses to enter into the lease agreement with the lessee arranged by the lessee without justifiable grounds.

참조조문

-상가건물 임대차보호법

-상가건물 임대차보호법 제10조의4 제1항

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