logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.10.29 2013다27152
배당이의
Text

The judgment of the court below is reversed, and the case is remanded to the Seoul Central District Court Panel Division.

Reasons

The grounds of appeal are examined.

In cases where a lessee engages in a single business when he/she rents several divided stores from the same lessor to use them as a single place of business, etc., if it can be deemed that a single lease relationship has been established in a lump sum rather than a separate lease relationship with each of the divided stores, even if a separate lease contract has been made for each of the divided stores, the scope of lessees to be preferentially reimbursed pursuant to Article 14 of the Commercial Building Lease Protection Act shall be determined on the basis of the aggregate amount of security deposits converted pursuant to Article 2(2) of the Commercial Building Lease Protection Act for all the divided stores.

The reasoning of the judgment of the first instance as cited by the court below and the records of this case as follows: ① the defendant used 32 divided stores in the first floor of the commercial building located in Jung-gu, Seoul as one place of business without dividing them by walls, etc. ② The five divided stores among the 32 divided stores leased by the defendant among the 32 divided stores were owned by C, including the key real estate of this case. The defendant prepared a separate lease contract for each of the divided stores while renting the above 5 divided stores from C; ③ The five lease contract forms made between the defendant and C were used on December 209 with the same seal, and the same contract forms were all the same except deposit and monthly rent forms. However, this difference between deposit and monthly rent for each divided store; ④ The size of deposit and monthly rent for each divided store differs in proportion to the size of deposit and monthly rent for each divided store; ⑤ The real estate area in this case appears to have been the same as the area in this case.

arrow