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(영문) 서울중앙지방법원 2015.02.06 2013가단5144838
건물명도
Text

1. The defendant shall deliver to the plaintiff the real estate stated in the attached list.

2. The costs of the lawsuit are assessed against the defendant.

3...

Reasons

1. Basic facts

A. The Plaintiff is a manager entrusted by the Seoul Metropolitan Government, which is located in Seocho-gu Seoul Metropolitan Government (hereinafter “instant underground shopping mall”) under the Seocho-gu Seoul Metropolitan Government Ordinance on the Management of underground shopping mallss (hereinafter “instant management ordinance”). The management and operation of the underground shopping mall is entrusted by the Seoul Metropolitan Government, including the D underground shopping mall located in the Seocho-gu Seoul Metropolitan Government,

B. On February 25, 2010, the Plaintiff entered into an agreement and a loan agreement on public property (hereinafter “instant agreement and loan agreement”) with the said merchant’s association to entrust the management and operation right of the instant shopping mall with the said merchant’s association for the next ten years.

On February 10, 2011, the Plaintiff, the said merchant’s association, and the E Co., Ltd. (hereinafter “Nonindicted Company”) agreed to succeed to the status of the said merchant’s association under the instant agreement and the loan agreement.

C. The Nonparty Company leased the real estate listed in the separate sheet (hereinafter “instant store”) to the Defendant with the lease deposit amount of KRW 5,858,080, and the lease period of KRW 275 from June 25, 2012 to March 26, 2013 (275) and the lease fee of KRW 16,183,290 during the above period.

(The lease contract date stipulated on July 27, 2012. hereinafter “instant lease contract”). The Defendant leased the instant store even before the instant lease contract, and the first lease commencement date is February 25, 2010.

The plaintiff urged the non-party company to pay the loan fee for the year 2013 on several occasions.

However, on August 8, 2013, the non-party company notified the non-party company of the termination of the instant agreement and the loan agreement.

E. On August 8, 2013, the Plaintiff terminated the instant agreement and the instant loan agreement between the lessee and the Nonparty Company, and the lessor of the instant underground shopping mall changed to the Plaintiff.

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