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(영문) 대구지방법원 2016.01.28 2015가합2106
임대차계약갱신무효확인
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 1, 2013, Defendant B entered into a lease agreement with Defendant C and Nonparty E, setting the term of lease from February 1, 2013 to January 31, 2015 (hereinafter “previous lease agreement”). Defendant B entered into a lease agreement (hereinafter “previous lease agreement”). The term of lease was KRW 30 million from February 1, 2013 to January 31, 2015, and KRW 2.5 million from rent.

B. While Defendant C and Nonparty F operated a business entity, such as automobile soundproof, tea, and luminous (hereinafter “instant business”), with the trade name in the instant real estate, he would jointly operate the instant business with E and the respective business shares acquired by F from F as 50%. Upon request from Defendant B, the instant lease agreement was newly concluded between Defendant C and E.

C. On February 27, 2014, the Plaintiff purchased 50% of E’s business shares from E as KRW 35 million.

Upon the termination of the previous lease agreement, Defendant C concluded a lease agreement under the same conditions as the previous lease agreement (hereinafter “instant lease agreement”), setting the period between Defendant B and Defendant B as from February 1, 2015 to January 31, 2017. The Plaintiff was excluded from the lessee of the instant lease agreement.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 2, Eul's 1, and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff purchased business shares from Defendant C with the consent of Defendant C, and the Plaintiff and Defendant C owned 50% shares in the instant business. However, Defendant C terminated the previous lease agreement solely without the consent of the Plaintiff at the expiration of the previous lease agreement, and concluded the instant lease agreement.

The termination of the previous lease contract is a disposal act, and it is necessary to consent of all the co-owners in order to dispose of the combined property.

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