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(영문) 서울고등법원 2018.05.03 2017나2028427
인도 등
Text

1. The part against the defendant in the judgment of the first instance, including the modification of claims in the trial, is as follows:

Reasons

1. Basic facts

A. 1) The Seoul Metropolitan Government Urban Railroad Corporation (hereinafter “Urban Railroad Corporation”)

() The Seoul Metropolitan City is a public corporation that runs the business of the construction, operation, etc. of subway, and the Plaintiff is a public corporation that comprehensively succeeds to the claims and obligations of the urban railway corporation after the merger between Seoul Matro and the urban railway corporation on May 31, 2017, and comprehensively succeeds to the claims and obligations of the urban railway corporation. As such, the instant lawsuit was pending on July 25, 2017, taking over the litigation procedures of the urban railway corporation on which the instant lawsuit was pending

(2) Division 2) An incorporated fashion Co., Ltd. (hereinafter “Bashion”) is a company that engages in the manufacture and sales business, etc. related to the taxing agents.

3) The Defendant is a part of b.2.00 square meters inside the ship, which connects each point in the attached Form 1, 2, 3, 4, and 1 of the attached Form 1 of the Dongjak-gu Seoul Metropolitan Government Da basin 2 underground floor owned by the Plaintiff (hereinafter “instant commercial building”).

B) From the trade name of “E”, the Plaintiff entered into a lease agreement between the Plaintiff and the Plaintiff, etc. (i.e., the conclusion of a lease agreement between the Plaintiff, etc.), the Plaintiff entered into a lease agreement between the Plaintiff and the Plaintiff, and around February 22, 2013, the Plaintiff entered into a lease agreement between the Plaintiff and the Plaintiff to set the instant commercial building as the contract price of KRW 73,80,000, the contract deposit of KRW 7,380,000, the payment deposit of KRW 7,380,000, monthly rent of KRW 2,050,000, and the lease term of KRW 22,222, 2013 to March 22, 2016 (hereinafter “instant lease agreement”) with the Seoul Central District Court Decision 2013Du2193, Nov. 25, 2013 to the effect that the Plaintiff’s immediate restitution of the instant commercial building after the delivery of the Plaintiff.

The main contents of the instant lease agreement are as follows.

Article 13 (Prohibition of Transfer, etc.)

(a)The division failure shall operate directly the leased object and shall provide it to third parties with the object of transfer, sub-lease or entrustment or as collateral;

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