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(영문) 창원지방법원 진주지원 2021.02.10 2020가단31582
임차권확인
Text

1. The Plaintiff (Counterclaim Defendant) with respect to the facilities attached to the G University Life Center (E Dong) located in Jinju-si, Jin-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Between March 1, 2015 and February 28, 2020, the term of the contract is five years: Provided, That where one of both parties does not notify the termination of the contract in writing one month before the expiration of the contract period, the term of the contract shall be automatically extended by five years (if approval is granted from the school), and facility usage fee is F.

The term “A” means “A” corporation of KRW 69,00,000 ( separate value-added tax), annually, on the 25th day of the beginning of the contract each year.

shall be paid in the designated account.

A. On January 5, 2015, F entered into a lease agreement with G on the instant ancillary facilities located in D University Life Hall (hereinafter “instant agreement”). The key contents are as follows.

B. On August 16, 2016, the Plaintiff succeeded to the status of the lessee under the instant contract of F, and G Co., Ltd. consented thereto.

(c)

On February 21, 2018, the Defendant succeeded to the status of the lessor under the instant contract of G Co., Ltd., and the Plaintiff consented thereto.

(d)

On August 8, 2019, the Plaintiff demanded the Defendant to extend the instant contract. On August 27, 2019, the Defendant requested the president of D University to examine the Plaintiff’s request for extension of the instant contract. Around December 2019, D University refused to extend the instant contract.

E. On January 30, 2020, the Defendant notified the Plaintiff that the instant contract term will expire on February 29, 2020.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the parties' arguments

A. Since the Defendant did not notify the Plaintiff of the termination of the instant contract one month prior to the expiration of the instant contract, the instant contract was automatically extended.

B. The terms of automatic extension of the instant contract are subject to the approval of the side of the D University, and the instant contract is extended at D University.

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