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(영문) 서울중앙지방법원 2017.06.22 2016가단5206478

건물명도

Text

1. The Plaintiff:

A. Defendant A indicated on the attached Form 2 drawings among the 3-story 3389.12 square meters above the ground of the real estate listed in the attached Table 1 list 35,27.

Reasons

1. Facts of recognition;

A. (1) Under Article 76(1) of the Local Public Enterprises Act and the Seoul Metropolitan Government Ordinance on the Establishment and Operation of the Facilities Management Corporation, the Plaintiff was a juristic person established for the purpose of “to contribute to the promotion of citizen’s welfare through efficient management and operation of the facilities designated by the Seoul Special Metropolitan City Mayor,” and as to the buildings indicated in the attached Table 1, which are F and its ground extension facilities, pursuant to Article 10 of the Seoul Special Metropolitan City Ordinance on the Installation and Management of Parking Lots, entered into an agreement with the Seoul Special Metropolitan City Mayor on the entrustment of the management of public parking lots, and was entrusted with the comprehensive management and operation of the first to third to fourth and fourth to the above ground extension facilities (hereinafter “the instant building”).

(2) The Defendants possessed each of the above parts as of the date of the closing of argument in the instant case with the merchants operating the respective parts of the Defendants’ stores prior to the said parts as stated in Paragraph (1) of the Disposition in the instant building.

B. (1) The above ground extension facilities, including the instant building, are extended on the ground of the previous underground parking lot in around 2006 by Dongbu Construction Co., Ltd. (hereinafter “Dongbu Construction”), and the Seoul Special Metropolitan City permitted Dongbu Construction to use the instant building free of charge for ten years from August 8, 2006 to September 1, 2016.

(2) East Construction Co., Ltd. leased the instant building from the date of approval for free use to the end date of free use (hereinafter referred to as “the date of literature show”) by setting the lease term from the date of approval for free use to the end date of free use.

(3) 300 or more merchants, including the Defendants, sublet the store in the instant building.

According to the sub-lease contract between the literature-based shock day and the lessee, the building of this case is leased from the literature-based shock day to the end of the free use permit in Seoul Special Metropolitan City, and the building of this case is constructed by Dong department.