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(영문) 부산지방법원 2019.03.21 2018가단21650

점포명도 등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. D operates a restaurant (hereinafter “instant restaurant”) with the trade name “F” in the leased portion from November 6, 2002 to the present lease date after leasing (hereinafter “instant lease agreement”) the 118.28 square meters of the 1st floor among the instant real estate from E, the owner of the real estate indicated in the attached list (hereinafter “instant real estate”).

B. On October 2, 2013, G decided to succeed to the instant lease agreement after completing the registration of ownership transfer based on sale and purchase as of September 5, 2013. On October 23, 2013, G drafted a lease agreement between D and D as to the leased portion of this case, KRW 30,000, KRW 60,000, KRW 600, KRW 300,000, and the term of lease from October 30, 2013 to October 29, 2015.

C. On August 25, 2014, the Plaintiffs decided to succeed to the instant lease agreement after completing the registration of ownership transfer based on sale and purchase as of each of the instant real estates on July 6, 2014. The Plaintiffs drafted the lease agreement dated October 23, 2013, which is stipulated from October 30, 2013 to October 29, 2015 as follows: (a) KRW 30,000,000 as to the instant leased portion between D and D; (b) KRW 600,000 as to the instant leased portion; and (c) the lease term was stipulated from October 23, 2013 to October 29, 2015.

Plaintiff

On November 20, 2017, A sent a content-certified mail to deliver the leased portion of the instant case, as the instant lease agreement was terminated to D around November 20, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including the number of each branch), the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Defendant, a partner of the Plaintiff’s assertion D, leased the leased part of the instant restaurant to D and partnership business, and operated the instant restaurant. Accordingly, upon the termination of the instant lease agreement, the Defendant is obligated to deliver the leased part to the Plaintiffs.

B. We examine the judgment, and the defendant.