건물명도 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The Plaintiff sought against the Defendant the delivery of the instant store and the return of unjust enrichment as indicated in the attached list following the termination of the lease contract (hereinafter “instant store”), and, in addition, sought delivery of the instant store by subrogation of the owner of the instant store based on the subrogation right of the obligee.
The first instance judgment dismissed the plaintiff's primary claim and accepted the conjunctive claim, and only the defendant appealed.
Therefore, the scope of this court's trial is limited to the preliminary claim cited in the first instance judgment.
2. Basic facts
A. (1) 1) At the time of three-party, G 1: 659.34 square meters (hereinafter “instant center”) at sales facilities of one-storys of the steel bars, bean bean, the slive roof slives of the G ground.
A) The Republic of Korea (the Ministry of Oceans and Fisheries: the Ministry of Oceans and Fisheries) is owned, and the Center is divided into 23 stores including the instant store. 2) The Association C (hereinafter referred to as the “C”) was granted from the Republic of Korea the authority to manage and operate the instant Center by obtaining permission to use the said G land, which is the site of the instant Center, free of charge.
3) Co., Ltd, among its members, allowed some of the instant stores to exclusively use and profit from each store within the instant center including the instant store, and the members who acquired the right to use and profit from each store are D Commercial Council (hereinafter referred to as “C Commercial Council”).
A) Around January 2007, C established a commercial council and delegated the management and operation rights of the instant center to the commercial council, and thereby, C manages and uses the instant center. (b) A member of the commercial council shall have pride as a member of the shopping council and fulfill his best to revitalize commercial buildings and to maintain the fish age of the fish produced by fishermen. And at the store he intends to perform a funeral, C shall take any measure (business closure) taken in front of others other than the principal.