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(영문) 서울중앙지방법원 2017.05.17 2016가단5149322

건물명도

Text

1. The Defendants shall provide the Plaintiff with each real estate indicated in the “real estate indication” column in the list of the Defendant’s real estate.

Reasons

1. Facts of recognition;

A. Since 2002, the Plaintiff leased a building listed in the annexed Table 2 of Real Estate (hereinafter referred to as the “former Market”) to A Co., Ltd. (hereinafter referred to as “A”), and A, a person who has established a wholesale market under Article 22 of the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter referred to as the “Agricultural and Fishery Products Act”), manages the leased market building by sub-lease it to merchants, etc.

In order to solve various problems caused by market deterioration while extending the contract term and continuing the lease relationship, the Plaintiff and A promoted the market modernization project. Accordingly, around April 2015, the contract term was set to be until May 31, 2020, but the contract term can be adjusted according to the Plaintiff’s circumstances, and the contract term can be terminated in whole or in part, if necessary for the modernization project.

B. The Defendants: (a) from around September 7, 2015, filed an application for change of the name against A to require change of the name of the contractor under the sub-lease contract, and Defendant H and I submitted the pertinent certificate of business operation on the same day with each of the following dates: (b) each of the instant stores was occupied by those (Defendant F and G entered in the “Real Estate List” column for “Real Estate Indication” (except for C, D, and E withdrawn from the lawsuit, but not for the said Defendants’ permission for transfer of the right of lease or the transfer of the right of lease; and (c) each of the instant stores was possessed by each of the instant stores on the same day, by stating that the actual business operator of the relevant store was stated in Defendant H and I as Defendant H and I, and Defendant H and I, respectively.

(Defendant F, H, G, and I do not clearly dispute the possession of each of their stores). (C)

A sub-leases the old market building to merchants by making a sub-lease contract every year, and concludes a new sub-lease contract before completing the modernized market building.