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(영문) 서울중앙지방법원 2017.06.28 2016가단5206584
건물명도
Text

1. Of the 1st floor of a building listed in the attached Table 1’s real estate list, 2854.51 square meters for the Plaintiff:

A. Defendant A shall indicate the attached Form 2 drawings, ..

Reasons

1. Facts of recognition;

A. On around 2006, Dongbu Construction Co., Ltd. (hereinafter “Dongbu Construction”) extended the building on the ground surface of the existing underground parking lot of the building listed in the attached Table 1 (hereinafter “instant building”) and donated it to Seoul Special Metropolitan City.

Accordingly, Seoul Special Metropolitan City permits the use of the first and fifth floors on the ground of the instant building, which is a building extended to Dong Construction, for 10 years from August 8, 2006 to September 1, 2016. The main contents of the permission for free use of public property are as follows.

[Conditions of Permission] Article 2 (Subject to Use) shall be the first to fifth floor above the ground of the E-Ground parking lot.

Provided, That the fourth floor (2,128.51 square meters) and the fifth floor above ground shall be free of charge in the cultural industry department of Seoul Metropolitan Government.

Article 3 (Expiration of Period of Free Use) The expiration date of the period of free use for objects to be used shall be September 1, 2016.

When the period of use under Article 14 (Return of Property to be Used) expires or when the property to be used is returned due to the cancellation of permission, it shall be returned in the presence of the employee of Seoul Metropolitan Government.

Provided, That this shall not apply where it is unnecessary to reinstate the property to be used in the nature of the purpose of use and approval from Seoul Metropolitan Government.

B. Dongbu Construction leased the sales and business facilities from the first to third floor on the ground among the parts permitted for free use by the Seoul Special Metropolitan City from the Seoul Special Metropolitan City to the literature show day (hereinafter referred to as the “Lomangic documentary show day”), and the part of the business facilities of the fourth floor on the ground (hereinafter referred to as the “instant commercial building”). The main part of the lease contract [the changed lease contract on January 18, 2006] [the leased object, the lease period] Article 1 [the object leased] ① the object leased from the Dongbugic documentary show day to the Dongbugic Co., Ltd. (hereinafter referred to as the “Logic documentary showe”) is 3,291 square meters from the F first to the third floor on the ground and the business facilities of the fourth floor on the ground (370 square meters), etc.

(2) The lease term;

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