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(영문) 서울중앙지방법원 2017.06.22 2016가단5206577
건물명도
Text

1. Of the 1st floor above the real estate indicated in the attached list to the Plaintiff, 2854.51 square meters above the ground;

A. Defendant A shall indicate the attached drawings 11, 12, 15, 15.

Reasons

1. Facts of recognition;

A. In around 2006, Dongbu Construction Co., Ltd. (hereinafter “Dongbu Construction”) extended the five-story automobile-related facilities (parking and ancillary facilities) of the five-story roof of Jung-gu Seoul Special Metropolitan City E-Ground reinforced concrete building (hereinafter “Seoul Special Metropolitan City”). Donation was made to Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”).

The Seoul Special Metropolitan City allowed Dong Construction to use the real estate listed in the separate sheet (hereinafter “instant commercial building”) free of charge for the period from August 8, 2006 to September 10, 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 F-F under the ground of Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul: Name of the applicant for extension of the F-F under the ground: Dong-dong, Gangnam-gu, Seoul: Construction G [Conditions of Permission] Article 2 (Object of Use) of the Construction shall be the first to fifth floor above the ground of the F-Ground parking lot.

Provided, That the fourth floor (2,128.51 square meters) and the fifth floor above ground shall be free from the cultural industry department 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.

When the period of use under Article 14 (Return of Property to be Used) 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 Seoul Special Metropolitan City employees.

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 Dongbu Construction leased the commercial building in this case on the literature show day, Co., Ltd. (hereinafter referred to as the “littoric show day”), and the main contents of the lease agreement are as follows.

(hereinafter “instant lease contract” (hereinafter “instant lease contract”). [Attachment to the changed lease agreement on January 18, 2006] / [Specialized] With respect to the lease of a building on the ground of a F parking lot, the terms and conditions of the lease agreement and the agreement concluded between the lessor and the lessee on May 31, 2000 are as follows.

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