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The judgment below is reversed, and the case is remanded to the Jeonju District Court.
Reasons
The grounds of appeal are examined.
1. On the ground of appeal No. 1, the lower court rejected the Defendant’s assertion that the Defendant (Counterclaim Plaintiff; hereinafter “the Defendant”) could not respond to the Plaintiff’s request for the delivery of the instant building before receiving the purchase price of the accessories, on the grounds stated in its reasoning, since the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) was engaged in remodeling of toilets, etc. on the instant leased building and exercised the right to purchase the accessories therefrom, and at the same time, sought payment of the purchase price of the accessories as a counter-claim against the Plaintiff
In light of the relevant legal principles and records, although there are some parts of the reasoning of the first instance court cited by the lower court, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to what is alleged in the grounds of appeal.
2. Regarding ground of appeal No. 2
A. The Commercial Building Lease Protection Act (hereinafter “Commercial Building Lease Protection Act”) provides that “this Act shall apply to the lease of a commercial building: Provided, That this shall not apply to the lease exceeding the amount guaranteed as prescribed by the Presidential Decree.”
(1) Article 2(1) of the Commercial Building Lease Act (amended by Act No. 12042, Aug. 13, 2013) provides that Article 2(3) of the Commercial Building Lease Act (amended by Act No. 12042, Aug. 13, 2013) provides that “Notwithstanding the proviso to paragraph (1), Article 10(1), (2), main sentence of Article 10(3), and Article 10-2, which provides for the request for renewal of the contract, shall also apply to the lease exceeding the guaranteed amount under the proviso to paragraph (1), shall also apply.
In addition, the Commercial Building Lease Act was amended by Act No. 13284 on May 13, 2015 and enforced on the same day, and the provisions of Article 10-4 (Protection of Opportunity of Collecting Premiums, etc.) are applied.