건물명도
1. The part against the defendant B in the judgment of the first instance is revoked, and the plaintiff's claim against the defendant B is dismissed.
2...
1. Determination as to the claim against Defendant A
A. In full view of Gap evidence Nos. 1 to 5 and 7 (including branch numbers for those with additional numbers), Eul evidence No. 1, and Eul evidence No. 1, and the purport of the whole pleadings in the testimony of witness D of the first instance trial, the following facts are recognized:
1) The Plaintiff’s real estate listed in the separate sheet (hereinafter “instant commercial building”).
As the owner of the instant commercial building, on June 26, 2012, Defendant A and the term of lease from July 1, 2012 to June 30, 2014 were renewed by setting the lease deposit as KRW 2,314,00,000, monthly rent as KRW 544,270 (hereinafter “instant lease contract”).
(2) The instant lease agreement includes the following agreements:
Article 10 (Prohibition of Transfer, Sub-lease, etc.) No lessee shall transfer (including sale, donation, provision of security, entrustment, and all other acts accompanying changes in rights, but excluding cases of inheritance) or sublet an indicated shop value to any other person.
Article 13 (Cancellation or Termination of Contract) (1) Where a lessee has performed an act falling under any of the following subparagraphs, a lessor may cancel or terminate this contract where no performance is made after demanding the lessee to perform such act within a reasonable fixed period of time:
3. In a case where the lessee transferred the right of lease on the display shop to another person or sublets the display shop value, the Defendant A registered the business in the name of “C” in the instant commercial building from July 15, 2008 to “C” and entered into a business operation management agreement with the Defendant B as the truster and the trustee of the said restaurant on December 13, 201. The details of the agreement are as follows (hereinafter “instant management agreement”).
A truster shall entrust the trustee with all business operation and management until June 30, 2013.
The trustee shall be KRW 40 million with the deposit for the operation and management of this business establishment to the truster.