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(영문) 서울남부지방법원 2015.12.24 2015나56449

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On January 1, 2010, the council of occupants' representatives of Dtels (hereinafter referred to as the "council of occupants' representatives") concluded a lease agreement with C on the condition that the lease term of the E-sports center (hereinafter referred to as the "sports center of this case") located on the first floor underground of Yeongdeungpo-gu Seoul Metropolitan Government Dtel (hereinafter referred to as the "instant officetel") shall be set from January 1, 2010 to December 31, 2014 (Provided, That as for the remaining two years after the evaluation of operation after the lapse of three years, the contract shall be extended unless the contract is in violation of the terms and conditions within the contract period) shall be leased to C, and the Defendant concluded a lease agreement with C, stating that the contract may be terminated if C fails to pay the management fee and the rent three times or more.

(hereinafter “instant lease agreement”). B.

C Around July 19, 2012, after February 1, 2012, C delayed payment of management expenses and rent after April 1, 2012. Around July 19, 2012, C drafted a written agreement with the council of occupants' representatives to refuse to raise an objection even if it is not a re-contract after December 31, 2012. However, on January 4, 2013, C continued to pay the management expenses and rent, and the representative of the occupants' meeting, “C agrees to the public announcement of the invitation of the instant sports center after the long-term default, and does not raise an objection to the delivery of the instant sports center without raising an objection to the delivery of the said sports center even if there is no bidder or the person who presented the premium.”

C. On January 7, 2013, the Assembly of Residents announced the announcement of the instant sports center’s tender, while filing a lawsuit against C, etc. on January 11, 2013 (Seoul Southern District Court 2013Gahap707), and a copy of the complaint of the instant case stating a declaration of intent to terminate the instant lease contract on the grounds of management fees and rent arrears at least three times, was served to C on January 18, 2013, and the said court rendered the said judgment on August 16, 2013. < Amended by Act No. 11908, Aug. 16, 2013>