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Reasons
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(영문) 서울중앙지방법원 2013.12.19 2013가단5011778
건물명도
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1. The defendant, among the Seocho-gu Seoul Metropolitan Government Underground C underground streets, shall be classified into the plaintiff, as indicated in the separate drawings 1, 2, 3, 4, and 1.

Reasons

1. Basic facts

A. (1) Pursuant to Article 18 of the Seocho-gu Seoul Metropolitan Government Ordinance on the Management of Underground Streets (wholly amended by Ordinance No. 5152, Jul. 28, 2011; hereinafter “instant Ordinance”), the Plaintiff is a manager entrusted with the management of Seocho-gu Seoul Metropolitan Government Underground Streets (hereinafter “instant commercial building”), a public property of Seoul Metropolitan Government, pursuant to the said Ordinance. The Defendant is a person who occupies the portion D subparagraph 1, 2, 3, 4 and 22.06 square meters in the instant commercial building (hereinafter “instant store”).

(2) The main contents of the instant ordinance are as follows.

The definitions of terms used in this Ordinance shall be as follows:

7. The term "manager" means a Mayor or a person entrusted by the Mayor with the management of an underground shopping mall pursuant to Article 18;

8. The term "Lessee" means a person who enters into a shop lease contract with a Mayor or a custodian and conducts business activities at a shop in a commercial building;

9. The term "trustee" means a person who has entered into an entrustment contract with a Mayor or a custodian on a commercial building;

Article 4 (Lease, etc. of Shops) (1) A manager or trustee may lease a store in a commercial building to a third party.

In such cases, the custodian shall enter into a contract for shop lease with a person who intends to lease a store.

(2) A store that can be leased by one person (including corporations) on the basis of the total underground shopping mall shall be limited to one store.

Provided, That where it is deemed that there are unavoidable reasons, such as the use, location, size, etc. of a store, the maximum two stores may be leased to the same person.

(3) A trustee shall obtain prior approval from the custodian to verify paragraph (2) before entering into a lease contract with a person who intends to rent a store in a commercial building.

(No. 28, 201). Article 11 (Transfer of Right of Lease) (Transfer of Right of Lease on July 28, 201) 1.

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