임대차계약갱신확인의 소
1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)
(a) 15,032,550 won and the full payment with respect thereto from June 9, 2017.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On April 10, 2013, the Plaintiff, the council of occupants’ representatives of the A apartment at the time of Jinjin-si (hereinafter “instant apartment”), concluded a lease agreement with the Defendant on April 10, 201 through a competitive bid, setting the deposit amount of KRW 30 million for the childcare center located in the instant apartment (hereinafter “instant childcare center”). From May 1, 2013 to April 30, 2016, the period from May 1, 2013 to April 30, 2016.
B. On April 5, 2016, the day after the expiration of the above lease agreement, the Plaintiff concluded a lease agreement with the Defendant and the child-care center of this case (hereinafter “instant lease agreement”) with a deposit of KRW 30 million, KRW 26770,000,000 per month, and the period from May 1, 2016 to April 30, 2019. The Plaintiff decided to accept the said rent on the basis of the date of enforcement of the relevant Act and subordinate statutes where the rent is set pursuant to the said special agreement (in the case of compulsory provisions).
(Matters stipulated in the above special agreement are matters to be resolved by the council of occupants' representatives of the apartment of this case on March 22, 2016).
The provisions related to the instant lease agreement among the management rules for collective housing of the instant apartment (amended and enforced September 18, 2014; hereinafter “instant management rules”) are as follows.
Article 51 (Operation and Lease of Child Care Centers) (2) Where the management authority intends to entrust a child care center to a person other than the head of a local government, it shall entrust it to a person who has obtained the qualification for the head of a child care center under Article 21
(3) Where the management entity first entrusts a child care center, the selection of a trustee shall be determined by a competitive bid publicly notified by the Ministry of Land, Transport and Maritime Affairs, or detailed criteria for the selection and management of a national or public child care center under the provisions of attached Table 8-2
In such cases, the council of occupants' representatives shall conduct the detailed examination, but if necessary, it may seek advice on the evaluation of the relevant local government.