1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaims and appeals filed by the Defendants against the principal lawsuit.

The reasoning of the judgment of the court of first instance cited this case is as follows, except for the following additional determination as to the assertion that Defendant B and C emphasize or add to the counterclaim of this case, and thus, this case is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The Defendants asserted in Defendant B and C paid the premium to the previous lessee upon entering into each of the instant lease agreements. The Plaintiff, as well as the Plaintiff’s refusal to renew the lease agreement, acts as a new lessee by notifying the Defendants of the intent to reconstruct the instant building.

Even if the plaintiff expresses his intention to refuse to enter into a lease agreement and interferes with the defendants' collection of premiums, so the plaintiff is obligated to compensate the defendants for damages equivalent to the premiums.

In light of the language, content, and legislative intent of Article 10-4 of the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “former Commercial Building Lease Act”), in cases where a lessee is unable to exercise the right to request renewal of the contract for more than five years, including the initial lease term, pursuant to Article 10(2) of the former Commercial Building Lease Protection Act, the lessor is obligated to protect the opportunity to recover the premium under Article 10-4(1) of the same Act.

(see Supreme Court Decision 2017Da225312, 225329, May 16, 2019). In addition, in light of the content and legislative intent of Articles 10-3 through 10-7 of the former Commercial Building Lease Act, in principle, the lessee should have arranged a person who intends to become a new lessee in order to seek damages due to the interruption of the collection of the premium to the lessor. However, if the lessor acted as a new lessee without justifiable cause, the lessor clearly expressed his/her intent not to conclude the lease.