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(영문) 서울중앙지방법원 2017.07.21 2016가합580093

건물 인도 및 부당이득금 청구의 소

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1. The Defendants shall enter the “real estate indication” column in the list (attached Form 3) among the real estate listed in the list (attached Form 2) to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, as the owner of the real estate listed in the [Attachment 2] list (hereinafter “former market building”) (hereinafter “A”), leased the old market building and site to be used as B fishery products wholesale market (hereinafter “B market”) from 2002 to A (hereinafter “A”), and A operates the B market while managing the leased market building by sublet it to the merchants.

B. While the Plaintiff and A had extended the above lease contract several times, they promoted the market modernization project to resolve the problems caused by market deterioration. Accordingly, the term of lease extended around April 2015 to May 31, 2020; however, the Plaintiff determined that the said contract may be terminated in whole or in part, if necessary for the modernization project.

(hereinafter “instant market building lease agreement”). C.

The defendants occupy each real estate listed in the "real estate indication" column in the list of the previous market buildings (attached Form 3) for each defendant as of the date on which the arguments are closed.

(However, the part of C, D, E, F, G, H, H, and Co., Ltd. concerning the withdrawal of the lawsuit was excluded, and the column of “Defendant No. 4” listed in the [Attachment 3] and the [Attachment 4] list became inconsistent with the Defendants’ list (attached Form 1). Examining the contractual relationship between the Defendants and A in detail, the Defendants listed in the [Attachment 4] list are sub-lessees (hereinafter “sub-lessees”) who have charged each of the relevant stores.

② Meanwhile, the Defendants listed in [Attachment 1] are those who requested the change of the name of the sub-contractor A by taking over the name of the sub-contractor listed in the sub-contractor’s name as the sub-contractor’s name as the sub-contractor’s name in [Attachment 1] around September 2015, and the Defendants listed in [Attachment 2] are additionally transferred the stores used by the sub-contractors listed in the sub-contractor’s name as the sub-contractor’s name as the sub-contractor’s name in [Attachment 2].