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(영문) 의정부지방법원 2016.12.16 2016나55111
건물명도
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

3. An objection to the trial.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

On May 6, 1996, the Plaintiff’s intention to acquire occupancy and use rights granted the right to manage and operate facilities and management and operation of underpasses for 20 years for the free use period to the Dong Building Industry Co., Ltd. (hereinafter “Dong Construction, etc.”).

The East Asian Construction, etc. entered into an occupancy agreement with F to supply 9,90,000 square meters of the instant commercial building, which is a part of the above E-Road shopping mall, for KRW 24.47 square meters. On August 21, 2012, the Plaintiff succeeded to the occupancy right of the instant commercial building and transferred the occupancy right to the Fisheries Cooperatives on the same day for the purpose of securing the said day, but succeeded to the occupancy right again on March 3, 2016.

On July 29, 2014, the Plaintiff entered into a lease agreement between the Defendant and the Defendant to lease the instant commercial building with the term of KRW 35,000,000, monthly rent of KRW 1,150,000, and the term of lease from July 29, 2014 to July 28, 2015 (hereinafter “instant lease agreement”).

The instant lease agreement is subject to the following special agreements:

2. No lessee may request the lessor to install any facility and pay premiums;

5. The expiration date of the occupancy and use period shall be May 5, 2016 and shall be subject to consultation with the Government and the Government after the expiration date.

Lease Agreements between the defendant and the Gu Government;

2. Beneficiaries and actual operators of underpasses E as of the date of public announcement of qualification for application;

3. Method of selecting a tenant: One tenant who actually runs a business directly at the relevant shop as of the date of public announcement: If the former tenant and the actual business operator are different from those of the former tenant as of the date of public announcement, the person agreed between the tenant and the actual business operator by agreement shall apply.

5. Term of lease contract of a lease: Conducting an appraisal and assessment each year of the selection of a lessee by a general tender after the expiration of the term of a free contract of three years (two-year extension), only once for the first time, and concluding an alteration contract at the

7. Selection of lessees of shops which have not concluded contracts;

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