1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasoning for this case by the court of first instance is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since it is identical to the ground for the first instance judgment, except for adding the additional determination under paragraph (2) below.

2. Additional determination

A. According to Article 10-4 (2) 3 of the Commercial Building Lease Protection Act (hereinafter “The Commercial Building Lease Protection Act”), the Defendant asserts that the lessor may not claim damages due to interference with the opportunity to recover the premium on the ground that the lessor could not claim damages against the Defendant on the ground that the lessor did not use the instant real estate for profit, for profit, at least one year and six months from July 24, 2017, which is the date of termination of the lease contract, and at least one year and six months from the date of closing argument.

As to this, the plaintiff asserts that the above provision applies to cases where the tenant has not used commercial buildings for profit for more than one year and six months during the term of the lease contract, and that the plaintiff has not used the real estate of this case for profit for profit for more than one year and six months, and that there is no justifiable reason to refuse the conclusion of the lease contract with the new lessee.

B. In light of the legislative purport of Article 10-4(2)3 of the Commercial Building Lease Act, the above provision should be interpreted as “where the lessor does not use the premium for profit for a period of more than one year and six months after the termination of the lease, in the case of a store with more premium than one year and one year and six months, it is reasonable to interpret it as “where the lessor does not use the premium for profit for profit.”

However, in this case, in light of the purport of the above provision, the lessor is considered.