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(영문) 서울중앙지방법원 2017.07.11 2016가단5206522

건물명도

Text

1. The Plaintiff:

A. Defendant A indicated in the separate sheet No. 23, 24, 25, 26, 27, 28, 29, 30, among the buildings listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. In light of the circumstances surrounding the lease of the Defendants’ stores, the Seoul Special Metropolitan City, around 2006, allowed the Defendants to use the five floors of the buildings listed in the separate sheet No. 1 from Dong Construction Co., Ltd. for free for ten years until September 1, 2016 instead of receiving the entire five floors of the buildings listed in the separate sheet No. 1

Accordingly, Dongbu Construction leased the building on the literature show day of the company, and the period was determined by the last day of free use of the building, and approximately 300 stores of the building were subleted to women's class shopping mall.

The Defendants are occupying and using each of the stores listed in Paragraph (1) of the Disposition No. 1 (hereinafter “instant store”) until now, as part of the persons who leased the store from the date of such an indoor shock.

B. The Plaintiff is a local government public corporation established pursuant to the Local Public Enterprises Act, and was entrusted by Seoul Special Metropolitan City on June 28, 2016 with the management and operation of public parking lots and affiliated buildings, including the five floors of buildings listed in the attached Table 1 list, and with the maintenance of facilities until November 30, 2017, pursuant to the Seoul Special Metropolitan City Ordinance on the Installation and Management of Parking Lots.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Defendants, who transferred the instant store to the Plaintiff, based on the free use of Dongbu Construction as to the building listed in the Plaintiff’s annexed Table 1 list, should deliver it to the Plaintiff, as the period expires.

The grounds for the plaintiff's claim for delivery are that it is possible to directly claim because the Seoul Special Metropolitan City is entrusted with the comprehensive management right by the owner, who is the owner, and the claim for delivery of the Seoul Special Metropolitan City according to the contract of preliminary entrustment is a preserved right.

B. The Plaintiff is not the owner of the instant store, and is the occupant.

참조조문