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(영문) 서울중앙지방법원 2017.08.16 2017가단5080055
건물명도(인도)
Text

1. The defendant connects the plaintiff with each point of attached Form 1, 2, 3, 4, 5, 6, and 1 among the buildings listed in attached Table 1.

Reasons

1. Facts of recognition;

A. Free permission for use and sub-lease 1 of the building of this case) Seoul Special Metropolitan City around August 21, 2006

(A) from [Attachment 1] the building listed in the list of real estate (hereinafter “instant building”)

A) Of the above, five stories above ground were donated to Dongbu Construction until September 1, 2016, and the permission for free use was granted to Dongbu Construction. “The sub-lease of the instant building is autonomously implemented but shall be reported at our city within seven days after the act was performed (Article 10 Subparag. 5 of the Conditions for Permission)” as the conditions of permission. The Dongbu Construction sub-construction sub-leaseed part of the first to third floors above the ground of the instant building and the fourth floor above the ground (including the part indicated in paragraph 1; hereinafter referred to as “the instant part of the building”) by the end of free use.

B. Article 76(1) of the Local Public Enterprises Act and the Ordinance on the Establishment and Operation of the Seoul Special Metropolitan City Facilities Management Corporation is a local government public corporation established for the efficient management and operation of facilities designated by the Seoul Special Metropolitan City Mayor pursuant to the Ordinance on the Establishment and Operation of the Local Public Enterprises Act. The Seoul Special Metropolitan City shall, on June 28, 2016, entrust the Plaintiff with the management of 161 public parking lots including the instant building that is an off-road parking lot administrative property pursuant to Article 27(1) of the Act on the Management of Public Property and Commodity, Article 13(2) of the Parking Lot Act, Article 10 of the Seoul Special Metropolitan City Ordinance on the Installation and Management of Parking Lots, etc., and the Plaintiff was entrusted with the comprehensive management and operation of the instant part of the building on March 22, 2017.

C. The plaintiff has the right to claim delivery against the defendant as to the part of the building of this case.

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