상가건물 임대차보호법 제10조의 4 권리금 회수기회 보호의 정당한 사유에 관한 연구

Abstract

In this study, if a landlord refuses to conclude a lease contract with a person who intends to become a new tenant arrested by the tenant without justifiable grounds, the landlord shall be liable to the lessee for damages, All rightful reasons have important implications for tenants. If there is a legitimate reason, the landlord shall not be liable to the landlord for damages, but if there is no justifiable reason, the landlord shall be liable for damages by assuming that the landlord has obstructed the tenant. However, according to Article 10.4.2 of the Commercial Building Leasing Protection Act, there are only four regulations that are legitimate reasons, and they are listed in an enumerated and limited manner, and eventually they are forced to rely on the court judge’s judgment. The case for explaining the reason for the concrete reason is also the fact that the local court is giving the different opinion to increase the confusion. Therefore, only five cases, including the recent Supreme Court case, cannot immediately dissuade the court’s interpretation and application of Article 10-4 of the Commercial Property Lease Protection Act. Examining the just cause of protection is considered a very important study in understanding current rights disputes.