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1. Compulsory execution against the plaintiff by the defendant based on the payment order of Seoul Central District Court 2015 tea 11397, 146,70.
Reasons
1. Basic facts
A. After removing the Gu D market and E market, the C market reconstruction project association (hereinafter “the reconstruction association”) implemented a project to newly build a 2-story underground floor and a G commercial building with the scale of eight stories above ground (hereinafter “instant commercial building”) at the 4,144.3 square meters in Jung-gu, Seoul.
On December 28, 2002, Ragn&C Co., Ltd. (hereinafter “Ragn&C”) concluded a comprehensive implementation contract with the reconstruction association to carry out the reconstruction project on behalf of the said association with the overall authority delegated by the reconstruction association to raise funds necessary for the construction project of the commercial buildings, lease and sale of the said commercial buildings, etc.
B. On August 14, 2007, the reconstruction association filed a report on the commencement of the instant commercial building with the head of the Jung-gu Seoul Metropolitan Government on August 29, 2007, and obtained approval for the commencement of the construction on August 29, 2007. At that time, the construction of the said commercial building commenced and completed the construction on June 4, 2010, and obtained authorization for the completion of August 19, 2010.
C. In order to sell the right to lease the individual store in the instant commercial building on a unit of the Gu unit (3.9m2) for each floor, the specific location and size of the store was determined by lot after the completion of the said commercial building, and the lessee’s right to designate the last sectional ownership of the shop determined by lot was transferred from the reconstruction association which originally acquired the instant commercial building to the union members or their successors.
The lease contract with the lessee was entered into between 2007 and 2009 with the content that the lessee acquires the right of lease by concluding a separate lease contract (hereinafter “the lease contract of this case”).
Article 10 (3) of the G Lease Contract prepared at the time of the conclusion of the above lease sale contract refers to the operation related to the management and business of each store in the commercial building of this case, "H." designated or established by the reconstruction association.