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(영문) 서울중앙지방법원 2015.01.14 2013가단5144852

건물명도

Text

1. The Defendant points out of the Seocho-gu Seoul Seocho-gu underground shopping malls 1, each of the annexed drawings 1, 3, 4, 2, and 1.

Reasons

1. Facts of recognition;

A. The Seoul Metropolitan Government shall set the period of entrustment from March 29, 2010 to March 28, 2015 pursuant to the provisions of the Ordinance on the Management of Underpasses of the Seoul Metropolitan Government (hereinafter “instant shopping mall”) and the Seocho-gu Seoul Metropolitan Government Underground shopping mall (hereinafter “instant shopping mall”).

(2) The scope of entrustment includes matters concerning the management and operation of a commercial building under the provisions of Articles 4 through 17 of the Municipal Ordinance and the performance of litigation affairs arising from the management and operation of a commercial building. Meanwhile, according to the above Municipal Ordinance setting the scope of entrustment, the Plaintiff, a manager, entered into an agreement on the lease of a shop on underground road (Articles 4 and 5) and the termination thereof (Article 14), the imposition and collection of lease deposit, rent, and delayed payment (Articles 8, 9, and 10), the permit for transfer of right of lease (Article 11), the management of incidental facilities and underground news (Article 15), the collection of indemnity for illegal users (Article 16). The Plaintiff entered into the agreement on February 25, 2010 (hereinafter referred to as “merchant association”) with the instant commercial building (hereinafter referred to as “the instant loan agreement”) with the merchants during the period from 200 to 205.24 years (hereinafter referred to as “the instant public property”).

3) The Plaintiff and the said merchants’ association and the E Co., Ltd. (hereinafter “E”).

(B) On February 10, 201, E agreed to succeed to the status of the said merchant’s meeting under the above Convention and the loan agreement. (2) E between the Defendant and the Defendant on July 27, 2012, the lease term of the store listed in Paragraph (1) of the Disposition (hereinafter “instant store”) among the instant commercial buildings is from June 25, 2012 to March 26, 2013, KRW 16,722,810.