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(영문) 서울중앙지방법원 2015.01.29 2013가단5144883
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. Facts of recognition;

A. On February 25, 2010, the Plaintiff, who was entrusted by Seoul Special Metropolitan City, with the management and operation of B underground shopping districts (hereinafter referred to as the “instant shopping districts”) including real estate listed in the separate sheet (hereinafter referred to as the “instant store”) and the performance of litigation affairs, entered into an agreement with the two merchants’ associations of underground shopping districts (hereinafter referred to as the “merchants’ associations”) on the management and operation rights, including the right to enter into a lease agreement on the stores located in the instant shopping district for ten years from February 25, 2010 to February 24, 2020 (hereinafter referred to as the “instant agreement”), and entered into a lease agreement on the public property of the instant shopping district (hereinafter referred to as the “the instant lease agreement”).

B. On February 10, 2011, the Plaintiff, merchants’ association, and C (hereinafter “ shopping mall”) agreed that C succeeds to the status of the merchants’ association under the instant agreement and the instant loan agreement.

C. On July 25, 2012, the shopping mall company entered into a lease agreement with the Defendant and the instant shopping mall, which provides for KRW 3,871,190 in total and KRW 10,694,380 in relation to the instant store from June 25, 2012 to March 26, 2013 (hereinafter “instant lease agreement”).

On July 2012, the Defendant sublet the instant store to D without the consent of the lessor.

E. Article 11(4) and Article 14(2) provides that a lessee may terminate a contract where he/she fails to sublet a store and violates this Ordinance (Article 11(4) and Article 14(2)). In the instant lease contract, the lessee may not sublet the leased object in any case and may terminate the lease contract where he/she violates this.

(Articles 10(6) and 14(2)

F. The Plaintiff, on August 8, 2013, did not pay the loan fee for the shopping mall company in 2013.

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