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(영문) 창원지방법원 통영지원 2018.06.20 2018가단20018
임대차계약부존재확인
Text

1. Defendant C shall comply with the procedures for reporting the closure of the business license stated in the attached business license to the Plaintiff.

2.

Reasons

1. On March 2, 2017, the Plaintiff entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C by setting the lease deposit amount of KRW 80,00,00 and the term of lease from March 2, 2017 as KRW 86,00,00,000 with respect to Defendant C D, E, 1, and 2 (hereinafter “instant building”).

around March 7, 2017, Defendant C obtained permission for business (hereinafter “instant business permission”) as shown in the separate sheet from the above lease agreement.

However, the above lease contract was made by Defendant C, a dong in Defendant B, the spouse of the Plaintiff, to operate a carpet in the instant building, and the Plaintiff decided all matters, such as the lease term, lease deposit, etc., and was not paid the actual lease deposit by Defendant C.

Defendant C did not actually operate a carpet business on the instant building.

[Ground of recognition] A without dispute, entry of Gap evidence No. 4, purport of whole pleadings

2. First of all, we examine the part concerning the request for the report on closure of the instant business license.

Since the instant lease agreement is a formal contract prepared to obtain the instant business license without the intention to exercise the right under the lease agreement, such as allowing the use of the instant building during the actual lease period or receiving a deposit for lease, it is null and void as a false declaration of conspiracy.

Therefore, Defendant C is obligated to follow the procedures for reporting business closure regarding business license granted based on such a lease agreement.

Then, this paper examines the claim for damages arising from illegal acts.

The Plaintiff asserts to the effect that the Defendant suffered damages due to the Defendant’s failure to comply with the procedures for reporting the business closure of the instant case.

However, as seen earlier, since the Plaintiff completed the instant lease agreement and obtained a business license from Defendant C, Defendant C did not comply with the procedure for reporting the closure of business.

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