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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning for the court’s explanation as to this case is as follows, except where the defendant added the following judgments as to the matters alleged in the trial of the court of first instance, and therefore, it is identical to the reasoning concerning the defendant in the judgment of the court of first instance. As such, it shall be cited by the main sentence of Article 420 of the Civil Procedure
2. The defendant asserts that the additional judgment (as to the assertion and judgment of the violation of the Act on the Lease of Building Building) guaranteed the right to recover the premium already invested in the defendant pursuant to Article 10-4 of the Commercial Building Lease Protection Act, but the defendant suffered property loss caused by the violation of the right due to the plaintiff's implementation of the project, and thus the defendant cannot respond to the plaintiff's claim of this case before receiving the compensation
Article 10-4 (1) of the Commercial Building Lease Protection Act provides that "a lessee shall not interfere with the payment of premiums from a person who intends to become a new lessee arranged by the lessee in accordance with the premium contract by doing any act falling under any of the following subparagraphs from three months before the term of lease expires until the termination of the lease: Provided, That this shall not apply where any ground falling under any subparagraph of Article 10 (1) exists," and Article 10 (1) 7 of the same Act provides that "a lessee needs to remove or reconstruct all or part of the target building due to any of the following causes" as one of "where the lessee removes or reconstructs it in accordance with other Acts and subordinate statutes, it is necessary to recover possession of the building for the purpose of the removal or reconstruction of all or part of the target building:" In this case, the reason for exception provided for in the proviso of Article 10-4 (1) of the Commercial Building Lease Protection Act falls under "in accordance with other Acts and subordinate statutes."