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(영문) 서울동부지방법원 2017.04.28 2016나27261
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for this court’s acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for addition of the following determination as to the Plaintiff’s assertion, and thus, they are cited by the main sentence of Article 420

2. Additional determination

A. 1) On September 4, 2015, the Plaintiff requested the Defendant to conclude a lease agreement with G by arranging Nonparty G as a new lessee on the part of September 4, 2015, but the Defendant refused the Plaintiff’s request without justifiable grounds, thereby, the Defendant is subject to the Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Act”).

(2) Before September 4, 2015, the Defendant presented to the Plaintiff that the remainder of the first floor of the instant building, excluding seven square meters, was newly leased under the terms of KRW 50,000,00, monthly rent 2,200,000, and on September 4, 2015, the Plaintiff arranged G as a new lessee and requested the Defendant to enter into a lease agreement under the same conditions as the previous Plaintiff’s lease agreement.

On September 8, 2015, the Defendant presented to the Plaintiff KRW 100,500,000 for lease deposit for the first and third floors of the instant building subject to a new lease agreement with G.

3) In light of such progress, the Defendant’s refusal to enter into a lease agreement with G on September 4, 2015 to the Plaintiff on September 4, 2015 is to either accept or adjust the terms and conditions related to the lease, such as the lease deposit, monthly rent, lease term, etc. offered by the Plaintiff in relation to the lease agreement with G at that time, and cannot be deemed to have no justifiable grounds for refusal. (B) The main text of Article 10-4(1) of the Commercial Building Lease Act, and the lessor, respectively, paragraph (1) from three months before the lease term expires to the termination of the lease

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