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(영문) 서울중앙지방법원 2017.06.13 2016가단5130144
건물명도
Text

1. The Defendants stated the “real estate indication” column in the list of real estate by Defendant 2 attached hereto to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff, as the owner of the building listed in the attached Table 1 list of real estate (hereinafter “former market building”), leased the old market building to Q Q Co., Ltd (hereinafter “ Q”) from 2002. Around October 2015, the Plaintiff completed the new modernization market building on the side of the old market building.

B. The Defendants jointly possess each of the instant stores or occupied each of the instant stores by jointly occupying, or leasing the stores from, the sub-lessees or sub-lessees who jointly occupied, each of the instant stores indicated in the column for indicating “real estate indication” in the list of real estate by Defendant 2, among the previous buildings in Q market by each of the Defendant from each of the Defendant.

On September 3, 2015, Defendant C submitted to Q an application for change of name to the effect that the right to use, goodwill, and the status of sub-leaseed stores (R) that he transferred to Defendant D without the consent of Q, a sub-lease, was transferred.

C. On March 2015, Q, including each of the instant stores, set up a sub-lease contract with the merchants located in the old market building by sub-leaseing the old market building by a one-year basis, and concluded a new sub-lease contract with the Defendants before the completion of the modernized market building, thereby maintaining the conditions of the sub-lease contract identical to the previous one. The extended period from March 1, 2015 to October 20, 2015 can be adjusted according to the occupancy schedule of the modernized market; the extended period may be adjusted according to the occupancy schedule; the extended period shall be until the occupancy date of the modernized market; the extended period shall be from the date of the final announcement of the occupancy date to the date of the occupancy; the extended period shall be automatically terminated and terminated; the Defendants shall be ordered to restore the instant store to Q at the same time as the date of the termination

(hereinafter “The instant sub-lease contract” and the extension agreement of the said sub-lease contract between Q and the Defendants (hereinafter “instant extension agreement”). D.

Q on November 2015, after the completion of the modern market building.

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