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1. Revocation of a judgment of the first instance;
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
Reasons
1. Basic facts
(a) Defendant C is the father of Defendant C, and Defendant B is the former worker of Defendant D;
B. Around February 10, 2004, D decided to lease the instant building from the Plaintiff for the purpose of operating a restaurant, and entered into a lease agreement to lease the instant building under the name of Defendant C with his agent G on the ground that he was a bad credit holder, with the Plaintiff’s agent G on February 10, 2004 (hereinafter “instant lease agreement”).
C. At the time of the conclusion of the instant lease agreement, D, as the funds necessary for the operation of the restaurant in the instant building are insufficient, was invested or borrowed from Defendant B ( difficult to clearly determine whether the funds received from Defendant B are investment funds or borrowed funds only by the materials submitted by the date of the conclusion of the pleadings). D, along with Defendant C, concluded the instant lease agreement with Defendant B as joint lessee of the instant lease agreement.
D After the conclusion of the instant lease agreement, the Plaintiff accepted the instant building before repair, and operated the restaurant under the name of Defendant C by registering the business in the name of the instant building. The Plaintiff filed the instant lawsuit and declared that the instant lease agreement will be terminated on the ground that the Defendants were in arrears of two or more vehicles, and the duplicate of the instant complaint stating the declaration of intent was served on the Defendants.
[Reasons for Recognition] Facts without dispute, entry of Eul's evidence 2, witness G's partial testimony, the purport of the whole pleadings
2. Summary of the parties' arguments
A. The Defendants were joint tenants of the instant lease agreement, and the Plaintiff did not pay more than twice, and the instant lease agreement is concluded by serving a duplicate of the complaint of this case.