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(영문) 서울중앙지방법원 2015.09.17 2014가단5303351

건물명도

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 19, 2009, the Plaintiff entered into a contract for the use and management of childcare facilities (hereinafter “instant use contract”) with the Defendant on the following terms: (a) the council of occupants’ representatives consisting of representatives from each Dong apartment, and (b) the childcare center in the apartment complex.

Article 4 (Period of Contract) 1) "A (the plaintiff, hereinafter referred to as the plaintiff)" provides "B (the defendant, hereinafter referred to as the defendant)" to "B (the defendant, hereinafter referred to as the "the defendant) for the use and management period of the space for the facility of residents to "B" shall be five years from September 18, 2009 to September 17, 2014. (2) If the defendant does not violate Articles 16 (Prohibited Conduct by the defendant) and 17 (Cancellation, Termination, and Termination of the Contract for Use and Management) as the defendant did not comply with the Rules of Management, the defendant may demand extension of the contract, and the plaintiff must comply with this.

In such cases, monthly user fees and user fees may be increased or decreased by applying Article 11 of the Commercial Building Lease Protection Act mutatis mutandis.

3) The defendant's demand for extension of a contract shall be made in writing to the plaintiff three months before the contract is terminated, and if no written request is made, the contract shall be deemed terminated on the date prescribed in Paragraph (1).

Article 16 (Prohibited Conduct by Defendant) The Defendant shall not commit any of the following acts:

1) The act of transferring the right to use and manage (the act of transferring, donating, providing security, using or subleting to any other person) or the act of using facilities and appurtenant facilities for the purpose other than the original purpose without the consent of the plaintiff (the act of using facilities and appurtenant facilities for the original purpose) the act of destroying or destroying the facilities and appurtenant facilities or the space for the use and management, and the act of unfairly occupying and using the area of the relevant facilities and common use, and the act of unfairly occupying and using the area of the site) the act of violating the matters agreed upon by the plaintiff and the defendant for the maintenance and management of the facilities and appurtenant facilities (the act of cancelling the contract for use and management, termination