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(영문) 서울중앙지방법원 2017.06.13 2016가단5206393
건물명도
Text

1. Upon the primary claim to the Plaintiff:

A. Defendant A shall attach Form A

1. Of three stories above the ground of the registered real estate, 3389.12§³;

Reasons

1. Facts recognized;

A. On 2006, Dong Sub-construction Co., Ltd. (hereinafter “Dong Sub-construction”) extended the 5th floor automobile-related facilities (parking and ancillary facilities) of the fifth floor roof of D-ground reinforced concrete structure in Jung-gu Seoul, Jung-gu, Seoul, and donated it to Seoul Special Metropolitan City, and the Seoul Special Metropolitan City has Dong sub-construction among the annexed facilities

1. Permission was granted to gratuitously use three stories above the ground of the registered real estate (hereinafter “instant commercial building”) for ten years from August 8, 2006 to September 1, 2016.

The main contents of permission for free use of public property are as follows:

[Permit for Free Use of Public Property] Indication of Property: Address of the applicant for extension of the ground facilities on the ground of Jung-gu Seoul Metropolitan Government D Il-gu Seoul Metropolitan Government: The supplementary participant G [Conditions of Permission] Article 2 (Subject to Use) shall be the first to fifth floor on the ground of the E parking lot.

C. The fourth floor (2,128.51 square meters) and the fifth floor above ground shall be used free of charge in the cultural industry of Seoul Metropolitan Government.

Article 3 (Expiration of Period of Free Use) The expiration date of the period of free use for objects to be used shall be September 1, 2016.

Article 14 (Return of Property to be Used) When the period of use expires or when the property to be used is returned due to cancellation of permission, it shall be returned to the original state in the presence of the employee of Seoul Special Metropolitan City.

(c) Provided, That this shall not apply where it is unnecessary to reinstate any property to be used in the nature of the purpose of use and approval from Seoul Metropolitan Government;

B. The construction of the building of this case leased the commercial building of this case to the literature-based show day (hereinafter “the literature-based show day”) and the main contents of the lease agreement are as follows.

[The lease agreement on January 18, 2006] / [Specialized] The following terms and conditions of contract are amended with respect to the construction of a lessor's Dong department and the tenant's door-to-door show day in relation to the lease of a building on a parking lot for E-parking lot are as follows.

§ 1. Object of lease;

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