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(영문) 대구지방법원 2016.11.15 2016가단112980

건물명도

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1. The defendant's point is as follows: (a) indication of the attached drawings on the second floor of the 2nd floor in Busan Metropolitan City, the plaintiff, and (b), (3), and (4).

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are subsidiaries of the Korea Urban Railroad Corporation, and the Plaintiff obtained approval for the use of the B Station premises from the Korea Urban Railroad Corporation, and the store listed in paragraph (1) of this Article (hereinafter “instant building”).

(2) The Plaintiff selected a person who will operate the instant building by means of open tendering, and the Defendant was selected in the open tendering procedure.

In the process of the public tender, the Defendant participated in the tender on the condition that the goods of “C” in the instant building are sold by concluding a franchise business headquarters agreement with “C”.

3) On March 31, 2015, the Plaintiff entered into a contract for the operation of the instant building with the Defendant with respect to the instant building (hereinafter “instant contract for the operation of the instant specialized store”).

(1) On January 29, 2016, the term of the contract was changed from January 1, 2016 to December 31, 2016 (on November 30, 2019), and entered into the same contract. The name of the enterprise (trade name): D store brand/business mark: C partnership: Defendant 1(Purpose) (hereinafter referred to as “company”).

1) The purpose of Article 2(Definition of Terms)(1) is to provide matters concerning the rights and obligations to be observed by the business operators entering into a contract with the business operators (hereinafter “partnerships”). 【Specialized Store” is not easy to sell and inventory management, and a partner operates the store as a type of business requiring specialized management, and the sales on the same day refers to the form of a store in which the general cost is paid in accordance with the terms and conditions of payment by settling monthly sales and settling accounts at the accounts of the trading financial institution designated by the company or the company until the following day. 【Article 3(Business Place and Business Type)(2) A partner shall comply with the business type specified in the cover of the contract, and any addition and change of non-approved handled goods shall be considered as a change of business type without permission. 【Cancellation and termination