(영문) 부산지방법원 2020.09.10 2019가단332562

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(영문) 부산지방법원 2020.09.10 2019가단332562

건물명도(인도)

Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. The payment of KRW 2,00,000 is received from the Plaintiff (Counterclaim Defendant).

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. On September 19, 2014, the Plaintiff leased the part of the building indicated in the order to the Defendant as KRW 2,000,000, monthly rent 200,000, and the period as of September 19, 2017.

B. The above lease was implicitly renewed, and terminated September 19, 2019.

C. The Defendant paid to the Plaintiff the tea by June 14, 2020.

[Ground of recognition] Unsatisfy, Gap evidence 1-2, the purport of the whole pleadings

2. Determination

A. The Defendant is obligated to deliver the above building portion to the Plaintiff at the same time upon receiving deposit of KRW 2,00,000 from the Plaintiff, and to pay unjust enrichment equivalent to the rent calculated by the ratio of KRW 200,000 per month from June 15, 2020 to the completion date of the above delivery.

B. The defendant tried to recover KRW 20,000,000 for the premium from the tenant who arranged for another tenant to the plaintiff. Since the plaintiff refused to enter into a contract with the new tenant without any justifiable reason and lost the opportunity to recover the premium, the plaintiff is obligated to pay the defendant 20,000,000 won as compensation for damages pursuant to Article 10-4 of the Commercial Building Lease Protection Act and the delay damages as stated in the purport of the claim for compensation. Thus, the plaintiff is examined.

A lessor shall not interfere with receiving premiums from a person arranged by a lessee to become a new lessee pursuant to a premium contract by engaging in certain acts from six months before the lease term expires to the end of the lease, and shall be liable to compensate for damages if the lessee causes damages to the lessee in violation of such contract.

(Article 10-4(1) and (3) of the Commercial Building Lease Protection Act (Article 10-4(1) and (3) of the Commercial Building Lease Protection Act). The Defendant arranged for a new lessee to the Plaintiff on the sole basis of the documents

or the defendant entered into a premium contract with a new lessee.

(2) The plaintiff is entitled to pay premiums from a person who intends to become a new lessee.

참조조문

-상가건물 임대차보호법 제10조의4

유사 판례

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