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(영문) 서울동부지방법원 2015.08.20 2014가합110271
건물명도
Text

1. The name of the Defendant (Counterclaim Plaintiff) corporation and the Plaintiff (Counterclaim Defendant) are listed in the separate sheet No. 1.

Reasons

1. We also examine the basic facts, the principal lawsuit and the counterclaim.

A. The relationship 1) The Plaintiff is a local public enterprise that has the authority to construct, supply and manage business facilities, sales facilities, transfer facilities, community convenience facilities, welfare facilities, etc. in the subway history pursuant to the Seoul Metropolitan Government Ordinance on the Establishment and Operation of Urban Railroad Corporation (hereinafter “instant commercial site”).

2) The Defendant B is the representative director of the Defendant B, who entered into a lease agreement with the Plaintiff on the instant commercial site for the purpose of operating the tasks with the Defendant New Daily name. The Defendant B is a company which currently occupies the instant commercial site after entering into a franchise agreement with the Defendant New Daily name, and Defendant A is the representative director of the Defendant B.

B. The Plaintiff’s conclusion of the lease agreement between the Plaintiff and the Defendant New Daily (i) around 2008, to develop a collective store in idle space within the subway 5-8 history (hereinafter “instant collective store development project”).

(2) A tender was made to select a professional developer (hereinafter referred to as “instant tender”).

(2) On December 23, 2008, the land for commercial buildings listed in attached Table 1 List 1 (hereinafter “paragraph (1)”) was designated as a business operator to set up a Class A store in the instant commercial site by Defendant New Daily and Defendant New Daily and the instant commercial site.

With respect to 146.66 square meters among them, the lease term shall be from December 23, 2008 to December 21, 2013; the contract amount shall be 224,70,846 won; the deposit money shall be 33,705,130 won; the monthly rent shall be 3,745,010 won; and the type of business to be handled shall be determined as the subject; the lease term shall be extended from August 22, 2009 to December 21, 2013; the contract term shall be extended from August 22, 2009 to December 21, 2013; the contract amount shall be 384,039,246 won; the lease deposit shall be 61,282,930 won; the rent shall be 6,80,09,210 won; and the type of business to be treated as the type of business prescribed by Presidential Decree.

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