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(영문) 서울중앙지방법원 2017.08.24 2016가단5259076
건물명도
Text

1.For the Plaintiff, one story 2854.51 square meters on the land of the real estate listed in the separate sheet;

(a) Defendant A shall be free to indicate the attached drawings 1, 2, 3, 4, and 1.

Reasons

1. Facts of recognition;

A. In accordance with Article 76(1) of the Local Public Enterprises Act and the Ordinance on the Establishment and Operation of the Seoul Metropolitan Government Facilities Management Corporation, the Plaintiff was a corporation established for the purpose of “to contribute to the promotion of citizen’s welfare through the efficient management and operation of the facilities designated by the Seoul Special Metropolitan City Mayor,” and entered into an agreement with Seoul Special Metropolitan City on the entrustment of the management of public parking lots pursuant to Article 10 of the Seoul Special Metropolitan City Ordinance on the Installation and Management of Parking Lots, with respect to the buildings indicated in the attached list, which are D underground parking lots and their ground extension facilities, and was entrusted with the comprehensive management and operation of the buildings on September 2, 2016.

The Defendants possessed each of the above parts of the stores prior to the closure of the pleadings of this case as set out in Paragraph (1) of the Disposition in the building of this case with each of the Defendants' stores prior to the closure of the pleadings of this case.

B. The above ground extension facilities including the building of this case, including the building of this case, are donated to the Seoul Special Metropolitan City by the non-party Dong Construction Co., Ltd. (hereinafter referred to as the "Dongbu Construction") on the ground of the previous underground parking lot around 2006. The Seoul Special Metropolitan City permitted Dongbu Construction Co., Ltd. to use the building of this case free of charge for 10 years from August 8, 2006 to September 1, 2016. The Dongbu Construction leased the building of this case to the non-party Co., Ltd. (hereinafter referred to as the "E") by setting the lease term from the above free use approval date to the end date of free use approval, and E sub-leased the above building to 300 merchants including the defendants and managed the building of this case.

C. Regarding the sub-lease, the sub-construction and E agreed to set the sub-lease contract within the scope of the lease agreement period (Article 7(2)), while entering into the sub-lease contract with the merchants including the Defendants, E entered into the sub-lease contract.

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