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(영문) 서울중앙지방법원 2017.02.02 2016가단5102873

건물명도

Text

1. The counterclaim of this case shall be dismissed.

2. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Appendix 1.3

Reasons

1. Basic facts

A. The Plaintiff, the owner of each building listed in the separate sheet No. 1 (hereinafter “former market building”) entered into a lease agreement on the old market building with B Co., Ltd. (hereinafter “B”) in 2002. Around April 2015, the term of lease was extended until May 31, 2020; however, the Plaintiff agreed that the lease agreement may be terminated in whole or in part if necessary for the market modernization project.

The plaintiff promoted the market modernization project due to the deterioration of the old market building, and completed the modernization market building next to the old market building site around October 2015.

B. The Defendant, among the 1st floor of the Gu market building from B in 2064.13 square meters, is operating the active fish storage room in the name of “C” with the area of 24.03 square meters connected in order to each point of 1, 2, 3, 4, 5, 6, and 1, and 24.03 square meters in the attached Form 3 and the attached Form 7, 1, 6, 5, and 7 in order to each point of 7.306 square meters in the attached Form 3.

C. B entered into a loan agreement with an intermediate wholesaler in the previous market building on the portion of “C”, which was connected in order to each point of the attached Table 1, 2, 3, 4, and 1, among the 2745 square meters of land on the second floor of the previous market building, among the 2745.33 square meters of land in the previous market building, and the Defendant jointly occupies it with another intermediate wholesaler.

B, around April 2015, the year when the above sub-lease contract and loan contract for use have been renewed on a yearly basis, the contract term of the existing contract was extended from May 1, 2015 to October 20, 2015, and the contract term can be adjusted according to the schedule of occupancy in the modern market, and the extension period can be adjusted according to the schedule of occupancy in the modern market and the extension period can be terminated automatically, terminated and terminated at the same time as the date of termination, and the defendant and the intermediary wholesaler association shall restore to the original state and order B to the original state.

(e) The date of occupancy in the modernization market after March 15, 2016.