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(영문) 서울중앙지방법원 2017.06.28 2016가단5206744

건물명도

Text

1. The Plaintiff:

A. Defendant A indicated in the attached Form 1’s Schedule 9, 10, 11, 12, 9 among the real estate listed in the attached Table 1’s list.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation established for the efficient management and operation of the facilities designated by the Seoul Special Metropolitan City Mayor pursuant to Article 76(1) of the Local Public Enterprises Act and the Seoul Special Metropolitan City Ordinance on the Establishment and Operation of the Seoul Special Metropolitan City Facilities Management Corporation, and the Seoul Special Metropolitan City and Jung-gu D ground buildings (hereinafter “instant building”). The Plaintiff entered into the Public Parking Lot Management Entrustment Convention (hereinafter “the instant agreement”) with the Seoul Special Metropolitan City as a corporation for the efficient management and operation of the facilities designated by the Seoul Special Metropolitan City Mayor pursuant to Article 76(1) of the Local Public Enterprises Act and the Ordinance on the Establishment and Operation of the Seoul Special Metropolitan City Facilities Management Corporation. The Defendants occupy each of the above parts of the above stores prior to the completion of the pleadings of the instant building.

B. The building of this case was donated to Dongbu Construction Co., Ltd. (hereinafter “Dongbu Construction”) by extending it on the ground of the previous underground parking lot in around 2006, and around August 21, 2006, the Seoul Special Metropolitan City permitted Dongbu Construction to use the building of this case free of charge until September 1, 2016. The Dongbu Construction set the lease term from the above free use approval date to the end date of free use, leased sales facilities from the first to the third floor of the ground of this case and the business facilities of the fourth floor to the third floor of the building of this case (hereinafter “Dongbu Construction Co., Ltd.”) and leased them on the Gabu Construction Co., Ltd. (the Dobu Construction Co., Ltd. and the above lease contract was concluded within the scope of the lease contract period, the sub-lease contract was concluded within the boundary of the sub-lease contract, and the Gabu Construction Co., Ltd. shall sub-lease the building of this case to 300 merchants, including the Defendants.

[Reasons for Recognition] Facts without dispute, Gap's 1 (including provisional number), 2, and Gap's 3-2, each entry and pleading.