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(영문) 서울중앙지방법원 2017.11.03 2017가단5011806
건물명도(인도)
Text

1. Of the real estate 2,854.51m2 on the ground indicated in the attached list to the Plaintiff

A. Defendant A shall indicate the attached drawings 32,3,34, 34.

Reasons

1. Facts of recognition;

A. On July 28, 2006, Dongbu Construction Co., Ltd. (hereinafter “Dongbu Construction”) extended buildings listed in the attached list (hereinafter “instant building”) on the site of D Underground Parking Lots located in Jung-gu Seoul Metropolitan Government (hereinafter “Seoul”) to contribute to Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”), and Seoul Special Metropolitan City permitted Dongbu Construction to use the instant building free of charge from August 8, 2006 to September 1, 2016, and allowed Dongbu Construction to sublease it autonomously within the permitted scope.

B. On October 29, 2014, Dongbu Construction: (a) set the term of lease for the first to third and fourth floors of the instant building (hereinafter “instant commercial part”) on the literature show day (hereinafter “the literature show day”; (b) fixed the term of lease from the date of approval for free use to the end date of free use; and (c) agreed to restore the leased object to the Seoul Special Metropolitan City upon request of the Seoul Special Metropolitan City for the restoration of the leased object after completion of all legal measures such as the name of the building to the lessee.

C. The door-to-door shock Day attached the name “E” to the commercial part of this case and sub-leases the store inside the commercial part of this case to the merchants, including the Defendants. From the door-to-door shock Day, Defendant A, in sequence, connects each point of 32, 33, 34, 35, and 32 among the 1st floor of the building of this case, Defendant A is occupying and using the part of the shop (A), which is 8.165 square meters in the part of the building of this case, connected each point of 51, 52, 53, 54, and 51 square meters in sequence, and Defendant B is occupying and using the part (l) of the shop of this case, which is connected each point of 12.35 square meters in the attached drawing.

On June 28, 2016, Seoul Metropolitan Government has changed its name to the Seoul Facilities Corporation on March 23, 2017 pursuant to the Seoul Metropolitan Government Ordinance on the Installation and Management of Parking Lots.

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