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(영문) 서울중앙지방법원 2017.09.01 2014가단45452
건물명도등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a manager entrusted by the Seoul Metropolitan Government with the management and operation of the Seocho-gu Seoul Metropolitan Government Underpasses B, etc. (hereinafter referred to as the “instant shopping mall”) and the performance of litigation affairs in accordance with the provisions of the Seoul Metropolitan Government Ordinance on the Management of Underground Streets and the Seoul Metropolitan Government Underground Streets Management Entrustment Contract (hereinafter referred to as the “instant store”).

B. On February 25, 2010, the Plaintiff entered into an agreement (hereinafter “instant agreement”) with the merchants’ association of Zone Two (2) of Underpasses and shopping district (hereinafter “Merchants’ association”) on the entrustment of management and operation rights, including the right to enter into a lease agreement with respect to the stores in the instant shopping district, for ten (10) years from February 25, 2010 to February 24, 2020, and entered into a public property loan agreement with respect to the instant shopping district (hereinafter “instant loan agreement”).

C. On February 10, 2011, the Plaintiff, merchants’ association, and C (hereinafter “C”) agreed to succeed to the status of the merchants’ association under the instant Convention and the instant loan agreement. D.

Since the Defendant entered into a lease agreement with the merchants' association or the C company on February 25, 2010, the lease agreement has been renewed every year, and the store in this case has been occupied and used until now.

E. On March 25, 2013, the Plaintiff notified C Company of the purport that “The third year (from March 27, 2013 to March 26, 2014) rent of KRW 11,106,778,000 shall be paid until April 25, 2013,” but C Company cannot accept the Plaintiff’s above rent on April 5, 2013.

‘Notice' made a notification to the effect that it is.

From May 2, 2013 to July 16, 2013, the Plaintiff urged C Company to pay the above loan charges six times, but C Company failed to pay the above loan charges, and notified that C Company terminated the instant agreement and the loan agreement on August 8, 2013.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4, 7, and .

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