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(영문) 서울중앙지방법원 2014.05.29 2013가합539063

인도 등

Text

1. Defendant A:

A. List 1, 2, 5, 6.2 of the annexed drawings among the waiting rooms of the H-1st underground floor in Gangnam-gu Seoul Metropolitan Government.

Reasons

1. Basic facts

A. The Plaintiff’s collective shopping complex development project promoted 1) The Plaintiff was a local public enterprise with the authority to manage the waiting rooms for the first floor underground of the H station in Gangnam-gu Seoul, Seoul. Around October 2007, the Plaintiff developed idle space in the subway history as a collective shopping mall, and promoted a collective shopping mall and themeology development project for the purpose of promoting the convenience of urban railroad users and contributing to the Plaintiff’s business rationalization, and included H Station in the development project. 2) On January 24, 2008, the Plaintiff announced the selection of a development project executor with respect to the development project, such as the above collective shopping mall, etc., and received a proposal from the Plaintiff on February 24, 2008. The Defendant A was selected as a priority negotiation subject to the project proposal accompanied by the development plan for the first floor underground floor of the H Station, which was designated as a development project proposal to the Plaintiff.

B. On April 29, 2008, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant A with respect to KRW 63,000,000 for lease deposit and KRW 7,000 for the rent month (including value-added tax; hereinafter the same shall apply), and the value-added tax is included in the amount of value-added tax, except for special cases.

() From June 11, 2008 to June 10, 2013, a lease contract was concluded with the period of lease. Since then, on October 9, 2009, the Plaintiff increased the contract area of the leased object with Defendant A and the Plaintiff, thereby increasing the contract area of the leased object, thereby constituting “instant commercial building.”

As to the lease deposit, the said lease contract was concluded by setting the lease deposit amount of KRW 66,895,290, KRW 7,432,810 per month, the lease term of KRW 7,432,810 from April 29, 2008 to June 10, 2013 (hereinafter “instant lease contract”).

(2) The main contents of the instant lease agreement are as follows.

Article 3 (Business Types) (1) The business types of Defendant A’s business are the type of “securities and mixed goods” approved by the Plaintiff.

(2) Where Defendant A’s business type is to be changed, prior approval shall be obtained according to the Plaintiff’s prescribed form.

§ 7.