폐업신고절차이행
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 following facts do not conflict between the parties, each entry of Gap evidence Nos. 1 to 4, Eul evidence No. 1 (including a number when it is not indicated specially; hereinafter the same shall apply), and the fact inquiry with respect to the head of Daegu Metropolitan City of the court of the first instance and the purport of the entire pleadings, and there is no counter-proof.
On January 1, 2009, the Plaintiff entered into a lease agreement with C on the following terms: (a) the building listed in paragraph (1) of the attached table of real estate owned by the Plaintiff (hereinafter referred to as “first building”) as the lease deposit of KRW 10 million; (b) the rent of KRW 700,000 per month; and (c) the date of delivery for the period of KRW 24 months: (a) the Plaintiff entered into a lease agreement with C (hereinafter referred to as “first lease agreement”).
On November 13, 2009, the Plaintiff entered into a lease agreement with the Defendant, who is an son of C on November 13, 2009, stipulating that one half of the buildings listed in paragraph (2) of the attached Table No. 2 of the Real Estate List No. 2 (hereinafter “Second Building”) owned by the Plaintiff shall be KRW 700,000,000,000 monthly rent, and that one half of the remainder of the same building shall be leased to C under the above condition (hereinafter “Second lease agreement”).
Before and after the conclusion of the first and second lease contract, the Defendant and C received each of the first and second buildings from the Plaintiff, and operated food entertainment business in the first and second buildings from that time.
B. On May 14, 2013, the Plaintiff filed a lawsuit against the Defendant and C seeking the return of unjust enrichment arising from the delivery of the first and second buildings and the use of the first and second buildings even after the expiration of the term of the first and second lease contract, in which the Defendant and C did not return the first and second buildings to the Plaintiff.
On October 16, 2013, the court held that C and the Defendant are in arrears due to the expiration of the lease term on October 16, 2013, and that C and C are in arrears, and that C deliver the first building to the Plaintiff and April 30, 2013.