건물 인도 및 부당이득금 청구의 소
1. The Defendants fall under the category of Defendant among the entry in the “real estate indication” column of the real estate list by Defendant 3 attached hereto to the Plaintiff.
1. Facts of recognition;
A. Since 2002, the Plaintiff, the owner of the building indicated in the attached Table 2, entered into a lease agreement on the building and site in the Dongjak-gu Seoul Metropolitan R market (hereinafter “R market”) with Q Co., Ltd. (hereinafter “ Q”), and concluded the R market facility management agreement between Q and Q on April 1, 2015 by setting the contract term from June 1, 2015 to May 31, 202 (the contract term may be adjusted according to the Plaintiff’s circumstances) and the annual fee of KRW 11 billion (value added tax separate).
At the time of the above contract, the Plaintiff and Q have been leading to the completion of the modern market building in the R market. As such, the Plaintiff and Q Q cooperate with each other to the maximum extent possible in promoting the R market modernization project. The Plaintiff may undertake construction of removal, removal, removal, supplementation, new construction, etc. of facilities, such as building structures, etc., for the modernization project, even during the contract period. The Plaintiff agreed to terminate the whole or part of the said contract
(hereinafter “instant market building lease agreement”). B.
After that, the modern market building was completed and the occupancy date was set on March 15, 2016. On March 9, 2016, the Plaintiff and Q Q were confirmed on March 15, 2016 that the lease contract for the former market building was terminated as of March 15, 2016, the occupancy date of the modern market building, and agreed to enter into a new facility management use contract for the modern market building.
The Plaintiff and Q entered into a facility management use agreement with a major content of the existing contract by setting the contract term from March 15, 2016 to May 31, 2020 with respect to the market building for the same day as the modernized market in the same day, and the Plaintiff and Q entered into a new facility management use agreement with the same major content as the existing contract. In the event of changes in the facilities indicated at the time of completion following the completion of the R
C. Q is the Defendants between February 2014 and March 201.