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(영문) 서울남부지방법원 2014.09.03 2013가단60580

건물명도 등

Text

1. The Defendant (Counterclaim Plaintiff)-Counterclaim Co., Ltd.:

(a) Of the real estate listed in the annex;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is a local public enterprise with the authority to manage the waiting rooms with the fourth underground floor of subway D and E lines in Yeongdeungpo-gu Seoul Metropolitan Government, and around October 2007, by developing the idle space in the subway history as a group price, and by creating the subway stations with unique characteristics in the subway history, thereby promoting the “collective and theme station development project” for the purpose of enhancing the convenience of urban railroad users and contributing to the Plaintiff’s business rationalization, and the F Station also included in the development project.

B. Around January 24, 2008, the Plaintiff announced a bid for the selection of a development project operator with respect to the development project, such as the above group of households, etc., and around February 2008, the Plaintiff received the written proposal from the applicants around the middle of February 2008, the Defendant-Counterclaim Plaintiff Co., Ltd. (hereinafter referred to as “Defendant-Counterclaim”) made a project proposal accompanied by the development plan for the fourth underground floor to the Plaintiff and was selected as the priority negotiation subject.

C. On May 6, 2008, the Plaintiff made a lease agreement (hereinafter “instant lease agreement”) on the part of the attached drawings No. 4002 square meters and the same drawings Nos. 1, 2, 3, 4, 5, 7, 6, and 1, which connect each point in sequence, among the real estate listed in the Defendant Dae-ri Port and the attached Form No. 7, 5, 9, 8, and 7, and the same drawings No. 1, 2, 3, 4, 5, 7, 6, and 395.34 square meters in total (hereinafter “the above part part”) with the above part of 403 square meters and 350.34 square meters in total. The term “the instant part” refers to only to the “the instant one,” and when referring only to the above part of the part of the attached Form No. 1, 2002.

Although the contract was entered into with the original area of KRW 520 square meters, the contract amount of KRW 1,050,000,000, the lease deposit of KRW 157,50,000, and monthly rent of KRW 17,500,00, the telecommunication cables are part of the store area, lower parts, walls, etc.