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(영문) 서울고등법원 2016.09.29 2016나2002145
점포명도 등 청구의 소
Text

1. The part of the judgment of the court of first instance claiming damages against the defendant, that is, the removal of the book sales unit and the transfer of the store site.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established pursuant to the Local Public Enterprises Act and the Ordinance on the Establishment and Operation of Seoul Matco in order to run the business of constructing and operating the subway in Seoul Special Metropolitan City, and the Defendant is a stock company that runs the business of selling books, etc., and the Co-Defendant of the first instance trial is a stock company that runs the business of manufacturing and selling musical books, glaves, shoess, shoess, cosmetics, and wholesale and retail business.

B. On December 18, 2013, the Plaintiff entered into a lease agreement and a joint operation agreement.

1. The minimum bid price was set at KRW 834,99,00 (including value-added tax) and the lease period was set at five years and three months (including three months from the date of conclusion of the contract) for each shop site entered in the “list of Store” (hereinafter “the lease object of this case”).

According to the above bidding notice, the defendant participated in each bidding with the bidding price of KRW 3,210,00,000, KRW 920,000, KRW 836,110,000, KRW 836,000, KRW 835,000, and KRW 835,000, KRW 27, 2013. The defendant was awarded the above lease contract from the plaintiff on December 27, 2013.

Contract price for operation of convenience facilities in the calendar area: Contract price of KRW 3,210,00,000 (monthly rent of KRW 53,500,000): KRW 321,00,000: Contract price of KRW 642,00,000: Contract price of KRW 500,000 per place of 25,000: from January 6, 2014 to April 5, 2019, the detailed details are as shown in attached Table Ma1.

- Rental Place: 41 stations, 50 vehicles, area of 300.0 square meters or less (within 6.0 square meters per unit): 400 cm wide, vertical (breadth) 150 cm high, and no more than 250 cm high: Handling goods: Books (including magazines, such as monthly and monthly newspapers), phrases, and books - Operation methods related to books: Article 4 (Entrustment Rent) 1.

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