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(영문) 서울고등법원 2015.12.10 2015나2019665
부당이득금반환
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

Facts of recognition

On July 26, 2007, the Plaintiff leased the part of 19,063.58 square meters among the 1124 square meters of the Suwon-si transfer building (hereinafter “instant building”) owned by the Plaintiff to the Defendant, and additionally leased the part of 3,158.75 square meters of the same building around February 29, 2008. Since then, the Plaintiff continued to use the part of 22,222.34 square meters of total as indicated in the attached list (hereinafter “instant office”) as the Defendant’s regional headquarters around August 1, 201, the Plaintiff and the Defendant have a lease relationship with respect to the instant office as indicated below, and on August 1, 2011, the lease contract term under Article 3:

1. The term of the lease contract shall be 12 months from August 1, 2011 to July 31, 2012;

2. If the termination of the lease should be effected for inevitable reasons of Eul (referring to the defendant; hereinafter the same shall apply), Eul (referring to the plaintiff; hereinafter the same shall apply) shall notify Gap (referring to the plaintiff; hereinafter the same shall apply) of the reasons for the termination of the lease 90 days prior to the

3. Where both parties of B have not expressed their intent to change the terms and conditions of the lease 90 days prior to the expiration of the term of the lease contract, the term of the lease contract shall be extended by 12 months under the same conditions as before

Article 4 (Lease Deposit)

1. Deposit shall be 22,398,470,360 won which has been paid already, and shall be the current rental deposit;

Article 5 (Management Regulations)

1. Eul shall pay 100,161,220 won (including value-added tax) per 3.3 square meters per month from the date of the contract for the maintenance expenses for the management of the section for common use and exclusive use of the leased object and for the management expenses for heating, cooling, cooling, cleaning, garbage collection, elevator operation, quarantine expenses, etc., and shall pay 100,161,220 won per month from the date of the contract for the contract for the maintenance expenses for the management of the section for common use and exclusive use of the leased object to Gap by the fifth day of the following month, and the electricity and water fees for the separate use to Eul by the fifth day of the following month.

proviso.

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