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(영문) 서울고등법원 2015.07.10 2015나2004847
점유권확인청구의 소
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. In around 1995, the Defendant newly built a building “E parking lot” (hereinafter “instant building”) on the ground of Seocho-gu Seoul Metropolitan Government D (Road Name: Seocho-gu Seoul), and donated it to Seoul Metropolitan Government. On February 26, 1996, Seoul Metropolitan Government permitted the Defendant to use the instant building for 20 years from January 6, 1996 to January 5, 2016.

(hereinafter “instant gratuitous use permit”). (b)

Plaintiff

Since 200, the Defendant and the Defendant enter into a sales contract for business rights (a contract under which the Defendant leases business rights to each of the instant stores to the Plaintiff, etc., and the Plaintiff, etc. shall pay the sales price to the Defendant; hereinafter referred to as “each of the instant sales contracts”) with respect to each of the relevant real estate listed in the “object of Sale” in the attached Table 2 (hereinafter referred to as “each of the instant stores”) or succeed to the status of the seller.

C. Each sales contract of this case states that the sales license period is “from the date of permission for use to January 5, 2015 from the date of return to Seoul Special Metropolitan City,” and state that “the defendant succeeds to all the matters under the contract provisions entered into with Seoul Special Metropolitan City (Article 3(1)).”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, 2, 5, and 6 (including each number), the purport of the whole pleadings

2. The Plaintiff’s assertion as to the cause of the claim ① Article 3(1) of the sales contract of this case provides that the Plaintiff, etc. succeeds to all the matters under the contract provisions entered into with the Seoul Special Metropolitan City, and the sales contract of this case stipulates the period from the use permission to the return to the Seoul Special Metropolitan City, and ② The sales contract of this case falls under the terms and conditions, and Article 5(2) of the Regulation of Standardized Contracts Act (hereinafter “Terms and Conditions Regulation Act”) refers to the terms and conditions.

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