영업의 폐업신고절차이행
1. The Plaintiff, Defendant A, with respect to the business report listed in the attached list No. 1, Defendant B, and Defendant B, with respect to the attached list No. 2.
1. Determination as to the claim against Defendant A
A. The plaintiff owned the C building in YY, and the defendant A asserted that he reported the business of some of the stores of the first floor of this building as shown in the attached Table 1, and it is deemed that the defendant led to confession pursuant to Article 150 of the Civil Procedure Act.
B. Since the Defendant interferes with the Plaintiff’s exercise of ownership, the Defendant is obligated to file a report on business closure with the Plaintiff.
2. Determination as to the claim against the defendant B
A. Comprehensively taking account of the written evidence Nos. 1-5 and the fact-finding results of this court’s fact-finding, and the overall purport of the pleadings, the Plaintiff leased part of the first floor of the C building to Defendant B, on June 22, 2016, KRW 50,000 per month for two years, and the Defendant filed a business report on the store as shown in the separate sheet No. 2, but the Defendant did not pay rent for three or more years after September 2016, and the Plaintiff can be acknowledged as having terminated the lease on this ground.
B. As a performance of the duty to restore upon termination of the lease, the Defendant is obligated to perform the procedure for reporting the closure of the business so that the lessor can use the property again in compliance with the purpose of the lease.
(See Supreme Court Decision 208Da34903 Decided October 9, 2008). 3. Conclusion of the plaintiffs' claims are justified, and it is so decided as per Disposition by the assent of all participating Justices.