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(영문) 서울중앙지방법원 2015.04.02 2014가단45438
건물명도등
Text

1. The Defendant points out each of the following subparagraphs 1, 2, 3, 4, and 1, among the Seocho-gu Seoul Metropolitan Government underground shopping malls.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization that is entrusted by Seoul Metropolitan Government with matters concerning the management and operation of underpasses of Seoul Metropolitan Government for the efficient and systematic management and operation of underpasses of Seoul Metropolitan Government.

B. The store listed in paragraph (1) of this Article (hereinafter “instant store”) is a store located in B, one of the underground shopping districts in Seoul Special Metropolitan City, as stipulated in the above consignment contract.

C. On February 25, 2010, the Plaintiff entered into an agreement and a public property loan agreement with C merchants’ Association (hereinafter “instant merchants’ Association”). On February 10, 2011, the instant merchants’ Association transferred the management and operation right of B underground roads under the above agreement and the loan agreement to D Co., Ltd. (hereinafter “D”).

After that, between D and D on July 30, 2012, the Defendant entered into a contract on the lease deposit for the instant store with the content of KRW 2,995,190, loan fee of KRW 8,274,390 (275 days from June 26, 2012 to March 26, 2013), and the lease deposit of KRW 1,96,790.

E. Meanwhile, before entering into a lease agreement with D, the Defendant maintained the status of the lessee by leasing the instant store from the instant merchants’ association. However, around September 1, 2007, as the lessee of the instant store, the Defendant sub-leaseed the instant store to E with a deposit deposit of KRW 50 million and monthly rent of KRW 2 million (excluding value-added tax). The said sub-lease agreement was renewed and operated in the instant store until May 31, 201.

F. On August 8, 2013, when the Plaintiff terminated the above agreement and the loan agreement with D, and directly managed and operated the instant store, the Plaintiff concluded a lease agreement with the Defendant on September 3, 2013, stipulating that the instant store shall be leased with the lease deposit amount of KRW 6,741,50, annual rent of KRW 6,741,50, annual rent of KRW 6,741,50, and the term of lease from August 8, 2013 to March 26, 2014.

(c).

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