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(영문) 서울서부지방법원 2014.12.23 2013가합34686
건물명도
Text

The defendant shall in order to the plaintiff each point of Attached Form 1, 1, 2, 3, 4, and 1 on the ground of Mapo-gu Seoul Metropolitan Government.

Reasons

Basic Facts

The market E market of this case (hereinafter referred to as the “market of this case”) is a traditional market that has been naturally created on the land adjacent to the above road, centering on the 6,855.5 square meters (hereinafter referred to as “the road of this case”) of Mapo-gu Seoul Metropolitan Government, which was owned from around 1975.

On May 7, 2004, the merchants operating in the market of this case established the E Market Shopping Promotion Cooperative (hereinafter referred to as the "Market Cooperative of this case") for the purpose of modernization and maintenance of facilities of the E market and revitalization of business districts in accordance with the Special Act on the Development of Traditional Markets and Shopping Districts (hereinafter referred to as the "Special Act on the Development of Traditional Markets").

As part of the commercial infrastructure modernization project under the Traditional Markets Promotion Act around March 2005, the market cooperative of this case was completed on September 30, 2005 by installing a general steel-frame structure case on the ground of the road of this case used as a main passage of the market with financial support from the State and Mapo-gu office (hereinafter “the case of this case”).

Order 1-A of the store of this case

The store in this case (hereinafter referred to as the "store in this case") is located on the ground other than the road in this case, which is used as the main passage of the market, as shown in the annexed Form 2.

On July 5, 2008, the Plaintiff entered into a lease contract with the Defendant for a period of 12 months from July 7, 2008 to July 7, 2008, with the term of lease deposit 5,000,000,000 won, monthly rent 2,00,000 won, and the rent 7th day of each month.

After that, as the above lease contract has been renewed, it was changed to KRW 1,700,00 per month.

The defendant is running in the store of this case from July 7, 2008 to the present date.

On February 18, 2013, the instant market cooperative held a general meeting on February 18, 2013 and made a resolution to recommend the Plaintiff to withdraw from the cooperative on the ground that the Plaintiff was disqualified as a member due to the Plaintiff’s failure to operate its business in the instant market.

The instant market partnership from March 2013, the store of this case from March 2013 is the instant market partnership.

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