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(영문) 서울남부지방법원 2015.11.26 2015나56579
건물명도
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On June 23, 2011, the Plaintiff entered into a contract for the operation of a specialized store (hereinafter “instant contract”) with the Defendant in accordance with the business system and all business regulations determined by the Plaintiff on the part of the store (A) part of the ship (hereinafter “instant store”) connected with each of the points in the C Station transfer route located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, the Plaintiff and the Defendant entered into a contract for the operation of a specialized store with the content of operating a certain type of business (hereinafter “instant contract”). From that time, the Defendant operated the miscellaneous gift store, which is the trade name designated as “D” in the said store.

B. The Plaintiff and the Defendant have renewed the instant contract on a one-year basis since the initial contract was concluded. The instant contract stipulates that the scheduled date for the expiration of the maximum operating period of the Defendant’s store shall be June 30, 2014 (Article 22(1) of the contract), and that where the contract is terminated on the grounds of termination of the contract, such as termination of the contract, termination of the contract, expiration of the contract period, etc., the Defendant shall return the store within the designated date and remove the facilities, etc.

(Article 41(1)(c) of the contract.

The Plaintiff, from June 2, 2014 to June 23, 2014, notified the Defendant of the “the maximum operating period of the Defendant’s store is terminated as of June 30, 2014, and the contract of this case is terminated to the same person,” and then requested that the Defendant “the Defendant terminated as of September 30, 2014,” and that the contract of this case was terminated as of June 30, 2014. However, the Defendant refused to deliver the store of this case, and thereafter, the Plaintiff refused to deliver the store of this case to the original state until September 30, 2014, and the Defendant refused to deliver the store of this case to the Defendant in turn on October 2, 2014 and around October 20, 2014.”

[Ground of Recognition] Facts without dispute, described in Gap evidence Nos. 1 and 2 (including paper numbers), and arguments.

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