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(영문) 전주지방법원 2017.09.21 2016나9554
부당이득금반환
Text

1. The plaintiff's appeal and the plaintiff's claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is to provide the mobile communications service, and the Defendant is a housing management operator in charge of the management service of the apartment house (hereinafter “the apartment of this case”) in the 476 U.S., Sinsan-si.

B. The Plaintiff entered into a lease agreement with the Defendant on June 13, 201, with respect to the size of 10 square meters on the instant apartment rooftop, and with respect to the installation and operation of communications facilities and equipment, the rent of KRW 8,000,00 per annum, the settlement of actual cost of electricity fees (applicable as 1.2 times the low pressure of housing) for the purpose of operation, and the lease agreement to be leased from June 13, 201 to June 12, 2012 during the lease term (hereinafter “first lease agreement”).

(2) On June 9, 2012, the Plaintiff and the Defendant agreed to renew part of the above lease agreement (hereinafter “second lease agreement”) as follows:

(Unit: (Unit: Won and VAT separate) the lease term of the terms of the amended terms and conditions of the current terms and conditions of the contract from June 13, 201 to June 12, 2012, to December 31, 2012, from June 12, 2012, to December 31, 2013, the Plaintiff, again, with the Defendant on June 2, 2014, installs telecommunications facilities and equipment with respect to 10 square meters of the instant apartment rooftop, and leases the leased term (hereinafter “third-party lease contract”) by setting the lease term from January 1, 2015 to December 31, 2015 (hereinafter “third-party lease contract”).

The details of the contract are as follows. Article 3 (Purpose of the contract) The Plaintiff leases the object of lease to install and operate communications facilities (including “satelliteMB facilities”) necessary for the implementation of the mobile communications project. In the event that a party to Article 4 (Extension of Term of Lease) does not notify in writing his intention to terminate or change terms and conditions of this contract one month before the expiration of the contract, this contract shall be deemed automatically renewed every 12 months under the same conditions as from the day following the expiration date of the contract.

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