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(영문) 창원지방법원거창지원 2015.10.20 2015가단1111
건물명도
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant C is the owner of the instant store, and the Plaintiff and Defendant B are relatives.

B. On February 14, 2013, Defendant C set the instant store to the Plaintiff as KRW 24 months from March 7, 2013, KRW 20 million, monthly rent, and KRW 700,000,000 for the period from March 7, 2013. The said store was delivered to the Plaintiff around that time.

C. The Plaintiff operated the restaurant with Defendant B at the instant store, and requested Defendant C to change the lessee of the said lease to Defendant B, and the Defendant C prepared a new lease contract (Evidence 1) with the content that the lessee is changed to B along with Defendant B.

As of the date of closing argument of this case, Defendant B operates the restaurant in the instant store.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1 and 2, Eul No. 1 and the purport of the whole pleadings

2. On the premise that the Plaintiff is the lessee of the instant store, the Plaintiff sought to deliver the above store to Defendant C on the premise that he is the lessee of the instant store, and the Plaintiff sought to return the lease deposit to Defendant C.

However, as seen in the above basic facts, the tenant of the store of this case changed from the plaintiff to the defendant B, so the plaintiff's claim of this case of this case of this case is without merit without further review.

3. Accordingly, the Plaintiff’s respective claims against the Defendants are all dismissed as it is without merit. It is so decided as per Disposition.

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