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(영문) 인천지방법원 2019.06.27 2016가단213007
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendants are owners (one half each of the shares) of Gyeyang-gu Incheon Metropolitan City D major 811m2 and its ground 4m2 and underground 1m2 (hereinafter “instant building”).

B. On January 24, 2014, the Plaintiff entered into a lease agreement with the Defendants on a deposit of KRW 60 million, monthly rent of KRW 3.3 million (excluding value-added tax), and from May 1, 2014 to April 30, 2016, with the trade name “F” at the instant store. The Plaintiff engaged in sales business, such as a liquid, etc. in the name of “F”.

C. The construction was conducted to open a large hospital in the vicinity of the instant building. On January 6, 2016, the Plaintiff entered into a contract with G to transfer the right and the right to lease a store store with G to KRW 120 million with respect to the instant store. On January 7, 2016, the Plaintiff received KRW 500,000 as down payment from G on January 7, 2016.

[Ground for Recognition - Facts without dispute, Gap evidence 1 through 4, 7, Eul evidence 2, the purport of the whole pleadings and arguments]

2. Determination as to the cause of action

A. The Defendants asserted that the Plaintiff’s assertion interfered with the Plaintiff’s receipt of premium from G by refusing to enter into a lease agreement with G on the instant store without justifiable grounds, and thus, they should compensate the Plaintiff for the damages suffered by the Plaintiff due to the above interference pursuant to Article 10-4(3) of the Commercial Building Lease

B. According to Article 10-4(1)4 and (3) of the former Commercial Building Lease Protection Act (amended by Act No. 15791, Oct. 16, 2018; hereinafter “Commercial Building Lease Protection Act”), a lessee is entitled to receive premium from a person who intends to become a new lessee arranged by a lessee without justifiable grounds, from three months to the expiration of the lease term, by refusing to enter into a lease contract with a person who wishes to become a new lessee arranged by the lessee without justifiable grounds.

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