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(영문) 서울중앙지방법원 2017.07.21 2016가단5206706
건물명도
Text

1. The Plaintiff:

A. Defendant A:

1. Ordering each point among the buildings listed in Appendix 2, Appendix 1, 2, 3, 4, 5, 1.

Reasons

1. Facts of recognition;

A. On 206, Dongbu Construction Co., Ltd. (hereinafter “Dongbu Construction”) extended the building of five stories above ground on the ground of the E underground parking lot located in Jung-gu Seoul, Jung-gu, Seoul to contribute it to Seoul Special Metropolitan City. On its behalf, the Seoul Special Metropolitan City permitted Dongbu Construction to use the above underground parking lot and its ground building free of charge from August 8, 2006 to September 1, 2016.

B. East Construction leased the sales and business facilities of the first to fourth floor of the above building and business facilities (hereinafter “instant building”) to F Co., Ltd. (hereinafter “F”), and the main contents of the lease agreement made on October 29, 2014 are as follows.

With respect to the lease of underground shopping districts for E-parking parking lots, the lessor and the lessee F shall conclude the lease contract by concluding the disputes between the two parties, and by wholly amending the existing lease contract (including the agreement) as follows:

Article 1 (Lease Property) The leased object under this Agreement shall be as follows:

1. Location: Jung-gu Seoul Metropolitan Government G (D);

2. Objects: Article 2 (Term of Lease) of part of the ground part among the owned E parking lots in Seoul Special Metropolitan City (1) The term of lease shall be from the approval date of free use for the construction of the same building in Seoul Special Metropolitan City until

Article 3 [Rental Deposit] Rental Deposit shall be KRW 3 billion which the F has paid to the same sub-construction, and the same sub-construction shall not require the F to increase the rental deposit or to provide other security.

Article 7 [Loan Contract] ① Sub-lease contract between F and sub-lessees (including the period of sub-lease, sub-lease, payment method, etc.) shall be F's authority and responsibility, and dispute with sub-leases due to sub-leases shall also be settled entirely at F's responsibility and cost.

(2) The period of each sub-lease contract shall be determined by an agreement between F and sub-lessee within the extent of the lease contract period.

Article 10 [Expiration of Contract] (1) The period of free use.

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