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(영문) 서울중앙지방법원 2017.07.12 2016가단5206416
건물명도
Text

1. The Plaintiff:

A. Defendant A shall draw up the drawings in attached Form 2, among the 3,389.12 square meters above the ground level of the real estate listed in attached Table 1.

Reasons

1. Basic facts

A. On August 2006, Dongbu Construction Co., Ltd. newly constructed a commercial building on the ground (hereinafter “instant commercial building”) among the real estate listed in attached Form 1, which was donated under the condition of free use for ten years in Seoul Special Metropolitan City.

B. The Dongbu Construction Co., Ltd. leased the entire commercial building of this case to the end of free use by determining the period of time on the literature show day, and the literature show day of the Co., Ltd. sub-leaseed the commercial building of this case to the Defendants, etc.

(hereinafter “each corresponding store of this case”). (c)

On June 28, 2016, the Plaintiff was entrusted with the right to manage and operate the instant commercial building in accordance with the relevant ordinances and the consignment agreement.

[Based on Recognition] Each entry of Gap evidence Nos. 1 through 11 (including each number), the purport of the whole pleadings

2. Determination:

A. It can be known that ten years have elapsed since the free use period of Dongbu Construction Co., Ltd. for the instant commercial building, and accordingly, the said lease contract for the instant commercial building was terminated.

The Defendants, based on the sub-lease contract derived from the above lease agreement, did not possess each of the instant stores, but lost the title of possession upon the termination of the said lease agreement.

B. It is reasonable to view that the management and operation right of the instant commercial building entrusted by the Plaintiff to the Seoul Special Metropolitan City includes the right to receive a store from the occupant who has lost the right of possession. Therefore, barring any special circumstance, the Defendants are obligated to deliver each of the instant commercial buildings to the Plaintiff.

C. The Defendants, the lessee of the commercial building of this case, acquired necessary expenses and beneficial expenses for the commercial building of this case during the lease term, and had the right of retention based on which they had the right of retention. The Defendants are about each of the stores of this case from the date of the above literature show.

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