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(영문) 광주지방법원 2017.07.06 2017가합52042
폐업신고절차이행
Text

1. The defendant shall comply with the procedure for reporting the closure of business as stated in the attached list to the plaintiff.

2...

Reasons

1. Facts of recognition;

A. On October 31, 2012, the Plaintiff leased 59.5 square meters of the first floor among the three-story buildings in Gwangju Mine-gu, the Plaintiff owned 1/2 shares to the Defendant (hereinafter “instant building”) at KRW 300,000 per annum from October 31, 2012 to October 31, 2014, the deposit amount of KRW 20,000,000, and the rent of KRW 300,000 per month.

B. From October 31, 2012, the Defendant filed a business report on the attached list with the head of the Gwangju Metropolitan City Mine Office (hereinafter “instant business report”) and operated a restaurant with D’s trade name in the instant building.

C. On November 4, 2014, the Plaintiff re-leased the instant building to the Defendant at KRW 30,000,000 per annum from November 4, 2014 to November 4, 2016.

(hereinafter “instant lease agreement”). D.

On November 4, 2016, the Defendant delivered the instant building to the Plaintiff.

Accordingly, on November 4, 2016 and November 5, 2016, the Plaintiff sent text messages to the Defendant that he/she would return the lease deposit under the instant lease agreement, but the Defendant did not reply to the Plaintiff.

E. On November 7, 2016, the Defendant paid to the Plaintiff unpaid electricity charges up to November 4, 2016 with respect to the instant building, and returned the keys to the instant building around November 8, 2016.

F. On November 9, 2016, the Plaintiff deposited KRW 30,000,000 under the instant lease agreement with the Defendant as the principal deposit at the Gwangju District Court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. The duty to restore the lessee’s possession of the real estate used by the lessee upon termination of the lease determination as to the cause of the claim includes not only the duty to transfer the possession of the real estate used by the lessee to the lessor, but also the lessor’s duty to cooperate for the lessor

Therefore, the lessor or the third party who received the consent re-leased the leased building part.

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