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(영문) 서울중앙지방법원 2017.09.08 2016가단5149315
건물명도 등
Text

1. The Defendants fall under the category of Defendant among the entry in the “real estate indication” column of the real estate list by Defendant 3 attached hereto to the Plaintiff.

Reasons

1. Facts of recognition;

A. Since 2002, the Plaintiff, as the owner of the building indicated in the list of real estate attached to attached Table 2, entered into a lease agreement on the building and the site located in Seoul Special Metropolitan City B (hereinafter “A”) with the C Fishery Products Wholesale Market (hereinafter “C Fishery Market”) and extended the above contract several times. From April 2015 to May 31, 202, the Plaintiff entered into a contract on the facility management and use of the C Fishery Products Market (excluding value-added tax) with A during the contract period from June 1, 2015 to May 31, 202 (i.e., the contract period may be adjusted according to the Plaintiff’s circumstances).

At the time of the above contract, the Plaintiff and A cooperate with each other as much as possible in promoting a project for modernization of the C fishery market, and the Plaintiff may carry out construction works, such as the removal, relocation, extension, supplementation, and new construction of facilities, such as buildings, structures, etc., for the modernization project even during the contract period. The Plaintiff agreed that the whole or part of the above contract may be terminated, if necessary for the modernization project.

(hereinafter “instant market building lease agreement”). B.

After that, the date of completion of the BO building and the date of occupancy was set on March 15, 2016, the Plaintiff and A confirmed on March 9, 2016 that the lease contract for the instant market building was terminated as of March 15, 2016, which is the date of moving into the BO building, and agreed to enter into a new facility management and use contract for the BO building.

As to the BO building on the same day, the Plaintiff and A entered into a new facility management and use agreement with the main contents of which are the same as those of the existing contract from March 15, 2016 to May 31, 2020, and agreed to additionally reflect the details of the change in the facilities indicated at the time of completion following the completion of the CO market modernization project.

(c) A excluding Defendant D, E, F, G, H, and I.

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