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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The owner of the building indicated in the attached list (hereinafter “instant building”) is D, the father of the Plaintiff, and D (hereinafter “the deceased”) died on July 7, 2014.
B. Defendant B is running a restaurant on the first floor of the building of this case prior to the death of the deceased with the trade name “Ecafeteria”, and Defendant B was also operating a restaurant prior to the death of the deceased.
Defendant C also resides in the second floor of the instant building before the deceased’s death.
C. D’s heir has the Plaintiff, F, G, and H, who is a child.
On March 9, 2015, immediately before the filing of the instant lawsuit among the co-inheritors of the deceased, on March 9, 2015, the respective 3/8 shares in the instant building were owned by the Plaintiff and F, and each 1/8 shares were divided into the inherited property owned by G and H, and the conciliation was established with regard to each of the obligations to return the lease deposit as to the instant building.
(The Daegu District Court 2014da122884). D.
In the name of the Deceased and Defendant B, the real estate lease contract was prepared on August 5, 201, stating that Defendant B leased the first floor of the instant building from the Deceased.
In addition, in the name of the Defendants, the real estate lease agreement was prepared on November 25, 201, stating that Defendant C leases the second floor of the instant building from Defendant B, and the name of the Deceased and the Defendant C, and the content that Defendant C leases the second floor of the instant building from the Deceased on September 25, 2011, the existence of the contract is recognized regardless of the authenticity of the establishment of the real estate lease agreement as of September 25, 201.
(A) there is a existence.
[Reasons for Recognition] Facts without dispute, Gap's 2, 3 (i.e., evidence Nos. 5), 5, and Eul's 2, 5
2. Part of the claim against the defendant B
A. 1) The Plaintiff did not have any title to the use of the first floor of the instant building to Defendant B for possession. 2) Even if there is a lease relationship with the Deceased for Home Affairs, Defendant B did not pay monthly rent (500,000), and Defendant C did not have any title to the second floor of the instant building.