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(영문) 인천지방법원 2019.05.31 2019가단204783
점포인도 청구의 소
Text

1. The Defendant, among the buildings listed in the attached Table 1, shall be 6.86 square meters in the attached Form 1’s stores and c. in the same drawing.

Reasons

1. Facts of recognition;

A. The Michuhol-gu Incheon Metropolitan City F Underground shopping mall (hereinafter “instant shopping mall”) is administrative property of the Incheon Metropolitan City.

The Plaintiff is entrusted with the management and operation of the shopping mall in this case by Incheon Metropolitan City in accordance with the Incheon Metropolitan City Ordinance on the Management and Operation of the Underground Building, and managed it directly from August 2016.

B. On August 6, 2016, the Defendant, prior to the Plaintiff’s direct management of the instant commercial building, occupied and used the instant commercial building by concluding a loan agreement with regard to the size of 6.86 square meters in the attached drawing No. 2, 7.23 square meters in the same drawing, 7.16 square meters in the same drawing, 7.3 square meters in the same drawing, and 7.33 square meters in the same drawing (hereinafter “each of the instant stores”).

C. Since then, the Plaintiff entered into a store loan agreement with the Defendant on August 12, 2016 with respect to each of the instant stores by setting the respective lending periods from August 7, 2016 to August 6, 2017. On July 25, 2017, the period of each of the lending periods, prior to the expiration of the said store loan agreement, was determined from August 7, 2017 to December 31, 2017.

On the other hand, on December 28, 2017, the Plaintiff concluded a store loan agreement with the Defendant for each of the instant stores, setting each of the following terms from January 1, 2018 to August 6, 2018.

[The background of the conclusion of a loan contract] The Incheon Metropolitan City has decided to implement the renovation construction of the commercial building in this case since August 7, 2018. The tenant's previous loan contract had already been terminated before the conclusion of this contract, but it has already been granted a grace period until August 6, 2018 in order to guarantee the tenant's business rights before the renovation construction of the commercial building in this case, but the tenant has faithfully paid rent during the grace period and the tenant has faithfully performed it and has not been hindered in the commencement of the renovation construction of the commercial building in this case.

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