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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 9, 2012, the Plaintiff entered into a lease agreement with the Defendant and Sejong Special Self-Governing City, setting a deposit of KRW 100 million, monthly rent of KRW 200,000,000, and the lease period from September 1, 2012 to August 31, 2015 with respect to the building on the second floor (hereinafter “instant leased building”), and changed the lease agreement to KRW 240,00,000 until August 31, 2015.
(hereinafter referred to as “instant lease agreement”) 2. Determination on the cause of the claim
A. On June 29, 2017, the gist of the Plaintiff’s assertion: (a) the Plaintiff arranged a new lessee for the instant leased building to enter into a lease agreement; and (b) the Plaintiff was paid the premium from D; (c) however, the Plaintiff refused to enter into a lease agreement with the new lessee arranged by the Plaintiff on behalf of the Plaintiff; and (d) the Plaintiff violated Article 10-4(1) of the Commercial Building Lease Protection Act (hereinafter “Act”) by hindering the Plaintiff from being paid the premium from the new lessee arranged by the Plaintiff on behalf of the Plaintiff, thereby hindering the Plaintiff from being paid the premium. Therefore, the Defendant is obliged to pay the Plaintiff the premium of KRW 47,779,00 as compensation for damages pursuant to Article 10-4(3) of the Act.
B. Since the lease agreement of this case was more than five years after the maximum period of lease stipulated in the law, it first examines whether the Plaintiff is subject to the provision on the protection of opportunity to recover premiums under Article 10-4 of the Act, i.e., whether the Defendant is obligated to protect the opportunity of right under Article 10-4(1) of the Act, on the premise that the Plaintiff’s claim
1. Article 10-4 of the Act on the Scope of Application of Article 10-4(1) of the Act provides that the lessee is a business entity organized by the lessee by preventing infringement of the costs invested by the lessee or the economic benefits such as the designated limit and credit formed as a result of business activities by the lessor.