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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On April 14, 2015, the Plaintiff entered into a lease agreement with the Defendant on a deposit amount of KRW 3,000,000,000 for the portion (A) part (hereinafter “instant store”) connected with each point of 1,2,3,4, and 1 among the real estate listed in the separate sheet owned by the Plaintiff, and received KRW 3,00,000,000 from the Defendant.
B. On September 2017, the Defendant decided to operate an authorized brokerage office as a partnership business in the first instance trial co-defendant B (hereinafter “B”) and the instant store.
C. On October 31, 2017, the Plaintiff entered into a new lease agreement (hereinafter “instant lease agreement”) with respect to the instant store as KRW 5,00,000,000 per month, and KRW 350,000 per month, and received deposit KRW 5,00,000 from B, and returned the previous lease agreement to the Defendant.
B around March 2018, it reversed a partnership agreement with the Defendant and removed from the store of this case.
E. As the Plaintiff did not pay rent from April 2018, the Plaintiff notified B of the termination of the instant lease agreement on July 13, 2018 on the ground of the delinquency of rent for at least three years.
F. The Defendant deposited KRW 1,750,000 from April 2, 2018 to August 2018 and continued to occupy the instant store.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, 8, Eul evidence Nos. 1 to 3, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to deliver the instant store to the plaintiff, the owner of the instant store, unless he/she asserts and presents a legitimate title to possess the instant store.
3. Judgment on the defendant's assertion
A. The defendant is registered as a business operator under B pursuant to the partnership agreement between the defendant and B.