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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
According to the facts not disputed between the parties and the statements in Gap evidence 2 and Eul evidence 1, it is recognized that the plaintiff leased to C on August 29, 2012, KRW 10,000,000 per month of lease deposit, and KRW 80,000,00 per month of lease deposit, and KRW 10,000 per month, up to August 29, 2014, the part inside the ship connecting each point of 1,2, 3, 3, 4, 5, and 10m23.1m2 (hereinafter “the store of this case”).
Accordingly, the Plaintiff, around September 2012, transferred the right to lease and goods with respect to the instant store from C. The Defendant arbitrarily entered the instant store and leased the instant store to a third party and deprived of the Plaintiff of the possession of the instant store by using the goods that the Plaintiff acquired, without permission, and thus, the Defendant is obliged to deliver the instant store to the Plaintiff due to the recovery of possession deprived of the Plaintiff.
Therefore, there is no evidence to acknowledge the Plaintiff’s acquisition of the possession of the instant store (the Plaintiff did not appear on the date for pleading of this case). Rather, in full view of the overall purport of the pleadings as to whether the Plaintiff obtained the possession of the instant store, C left the instant store for coffee sales business after the lease, but did not actually operate coffee sales store. However, the Defendant notified C of the termination of the lease agreement on the grounds that around February 4, 2013, the Plaintiff did not delay the rent for 2-year period on or around February 14, 2013; the Plaintiff brought most of the goods attached to the instant store around February 14, 2013; around March 1, 2013, the Defendant demanded C to deposit KRW 2,4,5,5,500, and the remainder of the rent for the instant store; and the Defendant would bring about the difference between the Defendant and the Defendant, on March 1, 2013, after deducting the remainder of the rent for the instant goods.