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(영문) 서울남부지방법원 2016.08.16 2016가단8255
건물명도
Text

1. The defendant shall indicate to the plaintiff the attached drawings in the C Station Transfer Route in Yeongdeungpo-gu Seoul Metropolitan Government, 1, 2, 3, 4.

Reasons

1. Facts of recognition;

A. The Plaintiff, upon obtaining approval from the Korea Railroad Corporation for the use of the C Station transfer passage, installed the annexed drawings on the C Station transfer passage located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant store”).

B. On April 30, 2010, the Plaintiff and D provided D with the use of the instant store owned by the Plaintiff, and D entered into a specialized store operation contract with the effect that D will operate the miscellaneous futures store at the instant store (hereinafter “instant specialized store operation contract”).

After that, the Plaintiff and D have renewed the above specialized contract every year, and finally set the contract term from January 14, 2015 to April 30, 2015.

C. The Plaintiff did not deliver the instant store even though the period of the instant exclusive store operation contract expired, and filed an application for provisional injunction against the transfer of real estate (Seoul Southern District Court 2015Kadan2840) with D on June 4, 2015. The instant court decided to accept the application for provisional injunction on June 1, 2015, and the provisional injunction against the transfer of real estate was executed on June 11, 2015 in accordance with the said provisional injunction order.

In addition, on November 6, 2015, the Plaintiff filed a lawsuit against D seeking the delivery of the instant store (Seoul Southern District Court 2015Da30798) and was sentenced to a favorable judgment on the lawsuit against D, and the said judgment became final and conclusive around that time.

E. Around May 7, 2015, after the period of the instant specialized store operation contract expires, D entered into a contract with the Defendant to transfer the right to the instant store, and the Defendant occupation of the instant store from around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant's store of this case.

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