Text
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Plaintiff A is the owner of the building located in Seoyang-gu, Seoyang-si (hereinafter “instant building”); Plaintiff B is the owner of the instant building from Plaintiff A in the name of “F” under the lease of 105 and 106 among the instant building. Meanwhile, Plaintiff B is under operation of the mutual clothing store “D” in 102 and 103.
B. In the instant building, signboards containing the trade names F and D are installed, and one half of the signboards bearing the trade names D when seen from the fixed side of the instant building are set up in F.
[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1, 2, 4 through 9, and the purport of the whole pleadings
2. The parties' assertion
A. 1) The Defendant, a lessee of the instant building 102 and 103, is obligated to remove the D signboard without permission in violation of the lease agreement without the consent of the Plaintiff A, a lessor. 2) Since the above D signboard installed by the Defendant without permission, set up a signboard with the trade name F in the Plaintiff’s operation, and thereby the Plaintiff B suffered operating losses, the Defendant is obligated to pay 3 million won and damages for delay to the Plaintiff B.
B. The defendant's assertion did not have installed the above D signboard, and is not the lessee of 102 and 103 of the building of this case.
3. According to the reasoning of the evidence No. 3, the fact that on December 27, 2016, Plaintiff A and the Defendant entered into a lease agreement on the instant building Nos. 102 and 103 (hereinafter “Defendant’s name lease agreement”) between Plaintiff A and the Defendant is recognized.
However, on December 27, 2016, the following circumstances, i.e., (i) regarding the building Nos. 102 and 103 between Plaintiff A and G in the name of the Defendant, entered into a lease agreement between Plaintiff A and G on December 27, 2016.