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(영문) 제주지방법원 2017.05.26 2015가단6998
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) is one story of real estate 890.33 square meters as stated in attached Table 1, to the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that operates C University.

C. On April 30, 2012, the Defendant constructed a dormitory and a restaurant and transferred its ownership to the Plaintiff. On April 30, 2012, the Defendant entered into a profit-transfer-lease agreement that the Defendant would operate (hereinafter referred to as “BTBD - Transfer-transfer-transfer-transfer-transfer-lease agreement that the Defendant would operate (hereinafter referred to as “BTO agreement”).

B. C University offered a public-private partnership proposal to invest 100% of the project cost on the side of the operator with respect to the restaurant, etc. within the student hall through D daily newspapers, and was selected as a business operator by the Defendant.

On September 6, 2012, the Plaintiff entered into a restaurant operation contract (hereinafter “instant contract”) with the Defendant as the owner of each real estate listed in the attached list of real estate.

Section 1 (Purpose of the Contract and Outline of the Project) The purpose of this Agreement is to enter into mutual contracts on the terms of student restaurants, convenience stores, and carpetia operation within the Cuniversity.

Article 2 (Method of Implementing Projects) (1) The first floor of the student center in Cuniversity and the outside of the restaurant shall be established.

(4) A restaurant shall be operated on the first floor of a student center, and convenience stores shall, in principle, be established at a place inside or outside a cafeteria of the first floor of a student center and a place designated by a school inside or outside a 2-head museum (Concurrent operation of convenience stores and carpetia) of a school, or at a place designated by a school literature or a school.

Article 3 (Mandatory Matters) (1) The contents of Article 1 shall not be operated by any other person than the defendant within the period under Article 4.

(2) A building or site necessary for operation under Article 1 shall be leased free of charge by a plaintiff.

(6) When the contract term expires, if a C University wishes, the defendant shall restore it to its original state.

Article 4 (Term of Contract) (1) The term of contract shall be ten years.

(2) The term of a contract is from August 2012 to December 2022.

Article 6 (Other Matters) (1) Permission for the completion of a restaurant operation for Cuniversity BTO projects.

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