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(영문) 서울중앙지방법원 2019.01.18 2015나63717
건물명도
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract with the Seoul Metropolitan Government to be entrusted with the management and operation of the D Underground shopping mall (hereinafter “instant shopping mall”) located under the Seocho-gu Seoul Metropolitan Government’s public property pursuant to Article 18 of the Seoul Metropolitan Government Ordinance on the Management of Underground Shopping Districts (hereinafter “instant Ordinance”). The Defendant is a person who occupies real estate listed in the separate sheet among the instant shopping mall (hereinafter “instant store”).

B. The main contents of the consignment contract between the Plaintiff and Seoul Special Metropolitan City and the instant ordinances are as follows.

The purpose of Article 1 (Purpose) of the Seoul Special Metropolitan City Ordinance on the Entrustment of Underground Street Management (hereinafter referred to as the "A") is to prescribe matters necessary for entrusting the operation and management of commercial buildings and the Seoul Special Metropolitan City (hereinafter referred to as the "Seoul Special Metropolitan City") to the "Seoul Facility Corporation" (hereinafter referred to as the "

Article 3 (Scope of Entrustment) "A" shall require "B" to implement the following matters (hereinafter referred to as "entrusted affairs"), and "B" shall be responsible for the overall enforcement of an objection (hereinafter referred to as "entrusted affairs"):

1. Matters concerning the management and operation of commercial buildings under Articles 4 through 17 of the Ordinance;

2. Performance of litigation affairs following the management and operation of commercial buildings;

7. Guidance and supervision of commercial buildings to the private sector;

8. Other matters concerning the duties of a manager prescribed by the Municipal Ordinance and matters deemed necessary and requested by the “A”, Article 12 (Guidance and Supervision) ① “A” may request the “B” to report in writing matters necessary for the performance of entrusted duties, and if the handling of entrusted duties by “B” is deemed to be in conflict with relevant Acts and subordinate statutes, the terms of the entrustment contract, etc. or to be unfair, it may request correction thereof, and “B” shall comply with it unless there is a justifiable reason

The definitions of terms used in this Ordinance shall be as follows:

7...

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