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(영문) 서울북부지방법원 2020.08.27 2019나37869
손해배상(기)
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The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except where the defendant added the following judgment as to the assertion added by the court of first instance as to this case, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act

2. Additional determination

A. The gist of the Defendant’s assertion is that the instant commercial building has been delivered from the Plaintiff, and the said building has not been leased to any other person for at least one year and six months up to the present day, and it is justifiable to refuse to enter into a lease agreement with the Defendant to become a new lessee arranged by the Plaintiff, in cases where the commercial building, which is the object of lease under Article 10-4(2)3 of the former Commercial Building Lease Act, has not been used for profit for at least one year and six months.

(b) Article 10-4 (Protection, etc. of Opportunity to Collect Premiums) (1) No lessor shall interfere with receiving premiums from a person who intends to become a new lessee arranged by the lessee according to the premium contract by engaging in any of the following conduct from three months to the expiration of the lease period:

Provided, That the same shall not apply where any ground falling under any subparagraph of Article 10 (1) exists.

4. Refusing to conclude a lease contract with a person arranged by the lessee as a new lessee without any justifiable ground.

1. Where a person arranged by the lessee to become a new lessee has no ability to pay the deposit or rent;

2. Where a person arranged by the lessee to become a new lessee is likely to violate the obligations of the lessee, or there exist other reasonable grounds that make it impracticable to maintain the lease;

3. A commercial building which is the object of the lease; and

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