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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 reasoning for the court’s explanation concerning this part of the facts of recognition is the same as that of the pertinent part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main text of Article
2. The assertion and judgment
A. The Plaintiff’s assertion 1) around October 2015, the Plaintiff, via C, proposed to the Defendant through C a new lessee that the new lessee wants to enter into a lease agreement with respect to the instant commercial building, but the Defendant’s relative may not enter into a lease agreement with the new lessee on the ground that the Plaintiff’s relative ought to engage in funeral services upon the expiration of the lease agreement. The Plaintiff refused to enter into a lease agreement with the new lessee arranged by the new lessee.
On June 12, 2016, the Plaintiff was aware that he/she would take over the Plaintiff’s goodwill from G operating F real estate, and that C wishes to enter into a new lease contract with a deposit of KRW 30 million, monthly rent of KRW 2530,000,000. However, C refused to enter into a lease contract on the ground that the Defendant was scheduled to use the instant commercial building and to perform waterproof construction works. On June 12, 2016, the Defendant arranged H as a new lessee, but refused to enter into a lease contract for the same reason. On July 12, 2016, C was aware that the new lessee was seeking to take over the Plaintiff’s goodwill from G managing F real estate, and notified C of his/her intention to use the lease contract with a deposit of KRW 45 million, deposit of KRW 30,000,000 and KRW 2530,000,000,000,000,000).
Therefore, the defendant refused to enter into a lease agreement with a person who intends to become a new lessee arranged by the plaintiff without justifiable grounds, and thus, it is below the Commercial Building Lease Protection Act.