(영문) 창원지방법원통영지원 2019.06.20 2018가합10360

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(영문) 창원지방법원통영지원 2019.06.20 2018가합10360

폐업신고절차이행

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1. The defendant shall comply with the procedure for reporting the business registration entered in the attached business registration certificate to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an owner on the register of land and buildings located in Cheongdo-gun, Cheongdo-gun, Cheongdo-gun (hereinafter “instant real estate”).

B. The lease agreement was concluded on October 24, 2014 with the content that the Defendant leased the instant real estate from the Plaintiff as the lease deposit amount of KRW 25,000,000, and the lease period of KRW 24 months from October 24, 2014 to October 23, 2016.

C. On November 12, 2014, the Defendant completed business registration (registration number) with the trade name “D” and started the business on November 16, 2014 from the instant real estate.

On January 19, 2018, the Defendant filed a lawsuit against the Plaintiff for the return of KRW 25,000,000 against the Changwon District Court Decision 2018Daso5110, Changwon District Court, 2018, but lost the purport that it is difficult to recognize that the Defendant paid the lease deposit.

The defendant appealed and is now pending in the appeal court (the Changwon District Court 2019Na50240).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 7, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, since the lease of the instant real estate has been terminated due to the expiration of the term, the Defendant, the lessee, is obligated to restore the instant real estate, which is the object borrowed.

The lessee’s duty to restore due to the termination of lease includes not only transferring the possession of the real estate used by the lessee to the lessor, but also the lessor’s duty to cooperate for the lessor to use the real estate again in accordance with the purpose of the real estate at the time of lease. Therefore, the Defendant has the obligation to

B. As to this, the Defendant’s defense of simultaneous performance to the effect that the Plaintiff cannot respond to the Plaintiff’s request until the deposit is returned from the Plaintiff.

In the lease contract, the lease deposit is made.

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