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1. All appeals filed by the Counterclaim Plaintiff and the ancillary claims added by this court are dismissed.
2. After an appeal is filed.
Reasons
1. Basic facts
A. On July 3, 2011, the Plaintiff entered into a lease agreement with the counterclaim Defendant to ensure that the lease contract period is six years (from August 9, 2011 to August 8, 2017) with the content that the lease deposit is KRW 30,000,000, monthly rent of KRW 800,000, and the lease period is determined from August 9, 2011 to August 8, 2013 (hereinafter “instant lease agreement”).
B. On July 3, 2011, the Counterclaim Defendant acquired from the Counterclaim Defendant all rights to “F Child Care Center” in the family childcare facility operated by the Counterclaim Defendant in the instant building at KRW 72,00,000 for the premium, and paid the said premium in full to the Counterclaim Defendant by August 9, 2011.
C. From August 9, 2011, the Lessee operated the instant childcare center with the trade name “F childcare center” in the instant building (hereinafter “instant childcare center”). On March 20, 2018, the Lessee abolished the instant childcare center.
【Fact-finding, Gap’s evidence Nos. 1 and 2, Eul’s evidence Nos. 1, 2, 5, 6, 7, and 15 (including additional number) and the purport of the whole pleadings
2. Judgment as to the main claim
A. The gist of the counterclaim’s assertion of the counterclaim was that the counterclaim refused to enter into a lease agreement with the person wishing to become a new lessee of the instant building arranged by the counterclaim without justifiable grounds in December 2016. Moreover, at the time of termination of the instant lease agreement, the Plaintiff obstructed the Plaintiff from receiving premiums from the new lessee by adding the purchase of the instant building under the terms of acceptance of the instant childcare center at the time of termination of the instant lease agreement.
Therefore, under Article 10-4(3) of the Commercial Building Lease Protection Act, the counterclaim Defendant is liable to compensate for damages equivalent to KRW 72,00,000 for the premium not recovered by the counterclaim.
B. Decision 1 on whether the Commercial Building Lease Protection Act is applied to the instant lease agreement.