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1. The plaintiff's primary claim against the defendant B and the conjunctive claim against the defendant C are all dismissed.
2...
Reasons
1. Basic facts
A. The Plaintiff was awarded a successful bid for the said store at the voluntary auction procedure (Ulsan District Court D) regarding a store listed in the separate sheet (hereinafter “instant store”) that was owned by the UNF Construction Co., Ltd. (hereinafter “NF Construction”), and completed the registration of ownership transfer on October 28, 2009.
B. On December 14, 201, the Plaintiff entered into a lease agreement with E Farming Association (representativeF) as between KRW 10,000,000 per deposit for the instant store, KRW 900,00 per month for rent, and KRW 100,00 per month for rent, between February 1, 2012 and January 31, 2014 for the term of lease.
E Agricultural Partnership notified the Plaintiff on October 31, 2012 that the above lease contract was terminated, as the store of this case was not delivered.
C. Defendant C operates a new type of sales store in the instant store with the trade name “G” from Defendant B, and Defendant C merely lent the name of business registration to Defendant C, but does not occupy the instant store.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, purport of whole pleadings
2. Determination
A. The judgment on the primary claim (Defendant B) asserts that Defendant B has a duty to deliver this case’s store to the Plaintiff who is the owner. However, according to the facts acknowledged earlier, Defendant B did not occupy the instant store. Thus, the Plaintiff’s argument on Defendant B is without merit.
B. The plaintiff asserts that, as the defendant C occupies the store of this case without legitimate authority, the defendant C has the duty to deliver it to the plaintiff who is the owner.
Defendant C, Inc. (hereinafter “H”) exercised a lien on the instant store on the basis of the claim for the construction cost as to the Loff Construction that was the owner of the instant store, and the instant store via Defendant C, who is an occupation assistant.