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(영문) 수원지방법원성남지원 2017.06.13 2016가합203441
매매대금반환 등
Text

1. The plaintiff's primary defendant and the conjunctive defendant are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) constructed H shopping malls consisting of 550 stores in the section of underground connecting 725m from the subway line F station of 8m to the G station of 10m from the 1995 Seonam-gu, Sungnam-si, Sungnam-si, and 195 (hereinafter “D”) under the condition of donation at the time of Sungnam-si, after free use for 20 years.

B. D had allowed shop occupants to transfer or sublease the right of lease of each shop while managing the shop in the way of leasing the store to the merchants.

The Plaintiff entered into a contract of transfer under which the primary Defendant’s primary right to use and benefit from the instant shopping mall No. 1 (hereinafter “instant store”) was acquired in KRW 370,00,000 (hereinafter “instant transfer contract”). On February 24, 2014, the Plaintiff entered into a lease-sale contract with D with the content of leasing the instant store.

C. Since the period of free use of the instant commercial building expires on August 31, 2015, Sungnam-si sent to the Plaintiff a public notice stating that the Sungnam-si Development Corporation entrusted by Sungnam-si will take charge of the management and operation of the instant commercial building. Therefore, the cooperation is appropriate.

After the expiration of the occupation and use period of the commercial building of this case, the Sungnam City decided to enter into a negotiated contract with the existing lessee preferentially, rather than a general competitive bid for the protection of the private interests of the existing interested parties. The Sungnam City Development Corporation announced the specific methods such as qualification for application and method of selecting lessees on June 10, 2015. In particular, if the difference between the lessee and the business owner is different, the lessee and the agreed person among the two parties will be given priority of the lease and the agreed store will be put into an open bid.

E. However, since the Plaintiff and the previous business owners of the instant store did not reach an agreement, Sungnam-si recovered the right of lease of the instant store.

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