건물명도
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the court's explanation of this case is as follows, except for the following dismissal, the "decision on the defendant's argument" from the third to the 6th 11th of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance. Thus, this is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Part 3. Judgment on the defendant's argument
A. The defendant asserts that the defendant is not a party to a lease agreement, and the party to the lease agreement of this case is F, the husband of the plaintiff, and the defendant is D, the defendant, because the object of lease of this case is the name of the plaintiff, the plaintiff is the lessor, and the business registration of "G" operated by D is the name of the defendant, and the defendant is only prepared as the lessee.
who is the party to the contract is a matter of interpretation of the intent of the party involved.
The interpretation of a declaration of intent is to clearly determine the objective meaning that the parties have given to the act of indicating, and where the contents of a contract are written in writing as a disposal document between the parties, the objective meaning that the parties have given to the act of expressing intent shall be reasonably interpreted according to the contents of the written document, regardless of the parties' internal intent, even though it is not bound by the phrase used in the document. In this case, if the objective meaning of the text is clear, the existence and contents of the declaration of intention shall be
(see, e.g., Supreme Court Decision 2013Da19830, Sept. 27, 2013). The following circumstances, which can be acknowledged by the respective entries and arguments in Evidence A Nos. 1, 4, and 5, are as follows: ① the original defendant; ② the Plaintiff reported the Defendant as the lessee and the sub-lessee as the lessee; and ② the Plaintiff reported the termination of the instant lease agreement and restored to its original state.