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(영문) 서울중앙지방법원 2017.11.28 2013가단5134336
건물명도
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a manager entrusted with the management and operation of the underground shopping mall in Seoul Metropolitan Government, including the D underground shopping mall (hereinafter “instant underground shopping mall”) located in Seocho-gu Seoul Metropolitan Government under the Seocho-gu Seoul Metropolitan Government Ordinance on the Management of the underground shopping mall (hereinafter “instant Management Ordinance”).

B. On February 25, 2010, the Plaintiff entered into an agreement and a public property loan agreement (hereinafter “instant agreement and loan agreement”) with the said merchant’s association with the content that the management and operation right of the instant shopping mall was entrusted to the said merchant’s association for the next ten years.

On February 10, 2011, the Plaintiff, the said merchant’s association, and the E Co., Ltd. (hereinafter “Nonindicted Company”) agreed to succeed to the status of the said merchant’s association under the instant agreement and the loan agreement.

C. From June 25, 2012 to March 26, 2013, the non-party company: (a) leased the real estate attached to the instant underground shopping mall (hereinafter “instant store”) to the Defendant as KRW 6,003,880, the lease deposit amount of KRW 16,586,070, the lease deposit amount of KRW 4,02,590, and the lease contract deposit amount of KRW 16,586,070 during the said period; and (b) leased the real estate in

(hereinafter “instant lease agreement”). The Defendant leased the instant store even before the instant lease agreement, and the first lease commencement date is February 25, 2010.

On March 25, 2013, the Plaintiff notified the non-party company to the effect that the Plaintiff would pay the rent of KRW 11,106,778,00 for the third year (from March 27, 2013 to March 26, 2014) until April 25, 2013. However, the non-party company cannot accept the Plaintiff’s above rent on April 5, 2013.

‘Notice' made a notification to the effect that it is.

The Plaintiff urged the non-party company to pay the above loan charges six times from May 2, 2013 to July 16, 2013, but the non-party company did not pay the above loan charges, and the Plaintiff notified the termination of the instant agreement and the loan agreement on August 8, 2013.

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