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(영문) 대전지방법원홍성지원 2015.11.26 2015가합905
영업허가증 명의변경
Text

1. The Defendant shall comply with the procedures for reporting the closure of each business license listed in the separate sheet to the Plaintiff.

2...

Reasons

Comprehensively taking account of the purport of the entire arguments in the statements in the Evidence Nos. 1 and 2-1 and 2-1 and 2-2, the Plaintiff: (a) on June 1, 2012, the Plaintiff: (b) determined and leased the lease deposit deposit KRW 70,000,000, annual rent of KRW 55,000,000, and the period from June 1, 2012 to May 31, 2014; (c) upon obtaining permission as indicated in the separate sheet, the Defendant operated a general restaurant with the trade name of “D dan” and “E”; and (d) in the instant case, “the Defendant delivers the instant real estate to the Plaintiff on the grounds of the termination of the lease agreement,” and the Plaintiff’s judgment in favor of the Plaintiff from June 1, 2014 to May 31, 2014, rendered a final judgment of winning KRW 50,500,00,000.

The duty to restore the tenant's possession of the real estate used by the lessee upon termination of the lease includes not only the obligation to transfer the possession of the real estate used by the lessee to the lessor, but also the duty to cooperate for the lessor to use it

Therefore, in order to prevent interference with the lessor's or a third party's permission for business again in the leased building part, the lessee is obligated to perform the reporting procedure for business closure in the leased building part.

(see Supreme Court Decision 2008Da34903, Oct. 9, 2008). According to the above facts, the Defendant is obligated to report the closure of the lease to the Plaintiff as the performance of the duty to restore the lease upon termination of the lease, and the Defendant is obligated to report the closure of each business license listed in the separate sheet.

If so, the plaintiff's claim shall be accepted for the reasons and it is so decided as per Disposition.

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