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(영문) 부산지방법원 2016.12.08 2015가합45614
건물명도
Text

1. All applications for interventions by independent parties shall be dismissed;

2. The plaintiff's claim against the defendant is dismissed.

Reasons

1. Basic facts

A. The Plaintiff is a school foundation that operates the Human Resources University and its affiliated hospitals, and the Defendant is a company that runs the wholesale business of medicine, food, and beverage sales business.

B. Around September 2009, the Plaintiff and the Defendant entered into a lease agreement with the Defendant on the part of 128.9 square meters in the ship connecting the Defendant with each point of indication 1, 2, 3, 4, and 1 of the attached drawing among the main building of the Incheon National University Shipping Hospital, which is the real estate listed in the attached table (hereinafter “the instant real estate”) and the part of 241.3 square meters in the ship connecting each point of indication 1, 2, 3, 4, and 1 of the attached drawing 2, the attached drawing 2, and the part of the attached drawing 5, 6, 7, 8, 9, 10, and 5 of the attached table 2, and the part of the ship connecting each point of the attached table 5, 6, 7, 9, 10,000 square meters in sequence to the Defendant (hereinafter “the instant real estate”).

After the Defendant received the instant real estate from the Plaintiff, on March 5, 2010, the Defendant commenced business, such as a cafeteria, a premises store, and a coffee store, from the instant real estate.

The main contents of the instant contract are as follows.

[Lease Contract for Building Incidental Facilities to Shipping Bag Hospital] Article 1 (Indication of Objects) of this Agreement shall be as follows:

Article 8 (Change and Restoration of Facilities) (3) of Article 8 (Change and Restoration of Facilities) of the 128.9 square meters (246 square meters) Special Building (1st floor, 2435 square meters) Special Building (1st floor, 241.3 square meters, 241.3 square meters (73 square meters) within the premises (1st floor, 246 square meters) of the building (1st floor, 246 square meters, 1435, 1435, 1435, 1435, 141, 241.3 square meters (2) within the premises of the building (1st floor, 1st floor, 1st floor, 2435, 1435, 1435, and 2nd floor, 200, 300, 128, 39, 200) for the purpose of this contract.

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