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(영문) 서울남부지방법원 2018.06.21 2018가합101377
건물명도(인도)
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. Attached Form 2.2. Of the 10,629.66 square meters of the 1st floor of the building listed in the attached Table 1 list.

Reasons

1. Basic facts

A. The Plaintiff’s joint market establishment, etc. 1) On March 11, 1999, after obtaining approval from the Mayor of Seoul Special Metropolitan City on March 11, 199, the building indicated in the attached Table 1 (hereinafter “instant

A) C Joint Markets (hereinafter “instant Joint Markets”)

2) The Act on Distribution and Price Stabilization of Agricultural and Fishery Products is the Act on Distribution and Price Stabilization of Agricultural and Fishery Products (hereinafter “Distribution and Price Stabilization Act”).

The main provisions of the Acts and subordinate statutes related to the distribution of agricultural and fishery products are as shown in attached Form 4.

The main provisions of the Act on Distribution of Agricultural and Fishery Products related to this case have been maintained for a similar purpose from the time of the establishment of the joint wholesale market in this case without any special changes.

Attached Form 4 shall present the current statutes, and the statutes that have been in force in the past shall be separately presented, if necessary.

3) Pursuant to Article 45 of the Agricultural and Fishery Marketing Act, the Plaintiff’s business regulations on the operation of the instant joint market (hereinafter “instant business regulations”).

The main contents of the current business regulations related to the instant case are as shown in Appendix 5. (B) The Defendant, on October 11, 1999, designated the Defendant as an intermediate wholesaler, and the Plaintiff entered into an intermediate wholesaler transaction agreement with the content of conducting intermediate wholesale business at the instant joint wholesale market (hereinafter “instant transaction agreement”), and operated a dry fish store at the instant joint wholesale market.

2) On December 2, 2009, the Defendant: (a) on December 2, 2009, the Plaintiff and the 16.97 square meters (attached Form 3 drawings indication (c) and hereinafter “the instant dry and freezing warehouse”); (b) the Plaintiff and the 1st floor D, the freezing warehouse underground of the instant building.

[2] A contract for the use of facilities with a deposit of KRW 2,80,000 and monthly user fee of KRW 240,000 (hereinafter “this case’s dry and freezing warehouse use contract”).

AB concluded the agreement.

Article 21 of the Agreement on the Use of the Dried Free Trade Warehouse of this case is "this Agreement from November 21, 2009 to November 20, 2010."

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