beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
The Plaintiff is the owner of the instant store.
On February 10, 2014, the Plaintiff leased the instant store to C, at the time of the Defendant’s spouse, KRW 10,000,000 for lease deposit, KRW 700,00 for monthly rent (excluding value-added tax), and one year for lease. The said lease agreement between the Plaintiff and C was renewed on the same condition as March 9, 2015.
The store of this case is a restaurant with the trade name of "D", and the representative of the above "D" was written C.
C filed a lawsuit against the Defendant seeking a divorce (Seoul District Court 2015 Gunsan Branch 232), and C and the Defendant were divorced on August 21, 2015, but as part of division of property, C transferred the right to lease of the instant store to the Defendant with the Plaintiff’s consent, and the right to return the lease deposit with respect to the instant store was also transferred to the Defendant (hereinafter “instant conciliation”).
According to the instant conciliation, the Defendant came to have the status of representative D in the instant store on December 8, 2015, and C transferred KRW 10,000,000 to the Defendant on November 26, 2015, and notified the Plaintiff on the same day.
[Ground of recognition] In the absence of dispute, Gap evidence 1, Gap evidence 2-1, Eul evidence 2-1, Eul evidence 4-1, Eul evidence 2-1, Eul evidence 2-1, Eul evidence 2-2, and the plaintiff's claim for the purport of the whole pleadings, since the lease contract entered into between the defendant and Eul (hereinafter "the lease contract of this case") was terminated for the following reasons, the defendant should deliver the building of this case to the plaintiff at the same time as the return of deposit for lease from the plaintiff, and the defendant should pay the amount of unjust enrichment equivalent to the rent by the completion date of delivery of the building of this case.
According to the instant lease agreement, C cannot transfer the right to lease of the instant store without the Plaintiff’s consent.