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(영문) 서울동부지방법원 2018.01.11 2016가합106771
부당이득금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Basic Facts

On November 25, 2008, the Plaintiff entered into a lease agreement and succeeded to the status of a lessor with Tros Korea Institute Co., Ltd. (hereinafter referred to as “ Tros Institute”) for the lease deposit of KRW 200 million and KRW 200,000,000,000,000,000 from Trosia to December 31, 201 (hereinafter referred to as “instant lease agreement”) under the lease agreement with the building of the 1st floor of the 1st floor of Daegu-gu Culturedong-gu and the 2-1,00,000 square meters of the building of the 2nd floor,243.77 square meters of the 2nd floor, 3th floor,896.53 square meters, 4th floor, 921.00 square meters (hereinafter referred to as “instant leased building”) from November 25, 2008 to December 31, 2018 (hereinafter referred to as “instant building”).

The main contents of the instant lease agreement are as follows.

Article 16 (Construction, etc. of Facilities within Lease Objects) (1) Where a lessee newly constructs, expands, relocates, or alters facilities and equipment within the lease object, including any of the following acts, he/she shall obtain prior consent from the lessor in writing, accompanied by drawings and specifications, and the expenses incurred therein shall be borne by the lessee:

In addition, the lessor or the administrator designated by the lessor may direct or supervise the construction if necessary for the unity of the building.

(2) If the facilities and equipment within the leased object are newly installed, expanded, relocated, or altered pursuant to the preceding paragraph, the lessee may not claim any expenses, such as facility expenses, beneficial expenses, premiums, etc. for the leased object, from the lessor on the ground that the lessee has paid the expenses for the leased object, and shall reinstate the object at the expense of the lessee who will specify the leased object after the date.

Article 27 (Right of Lessee to Termination of Contract) (1) If a lessee has committed any of the following acts, a lessor shall first consult with a lessee to seek for a smooth solution and shall hold a mutual consultation:

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