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(영문) 광주지방법원 2016.05.20 2015가합3008
임차인지위확인
Text

1. The plaintiff (Counterclaim defendant)'s lawsuit against the head of the management office of the defendant B apartment is dismissed.

2. The plaintiff (Counterclaim defendant) shall be the opposing defendant.

Reasons

1. Basic facts

A. The Defendant’s council of occupants’ representatives is the representative of the instant apartment management body, which consists of the representatives of B apartment located in Gwangju Mine-gu (hereinafter “instant apartment”), the council of occupants’ representatives and the head of Defendant B apartment management office (hereinafter “the head of the Defendant management office”).

B. On February 12, 2013, among the real estate listed in the separate sheet No. 1 from the Defendant’s council of occupants’ representatives, the Plaintiff agreed on the lease deposit of KRW 10,00,000,000, monthly rent of KRW 5,000,000, and the period from February 21, 2013 to February 21, 2015, the Plaintiff and the Defendant’s council of occupants’ representatives agreed on the lease of KRW 735,40, monthly rent of the said lease contract and the period from June 18, 2013 to April 17, 2015.

(including the modified contents, hereinafter referred to as the “instant lease contract”).

On March 16, 2015, the Defendant’s council of occupants’ representatives notified the Plaintiff that the instant lease agreement was terminated as of April 17, 2015, and requested the Plaintiff to renew the instant lease agreement on three occasions on March 26, 2015, April 9, 2015, and April 24, 2015, in order to determine whether to renew the lease agreement with the Plaintiff. However, the Plaintiff refused cooperation and demanded the Defendant’s council of occupants’ representatives to renew the instant lease agreement.

The Defendant’s council of occupants’ representatives delayed the selection procedure for the next operator of the child-care center of this case, and extended the validity of the instant lease agreement with the obligee three times each time by July 17, 2015, and then publicly announced the designation of the operator of the child-care center of this case on July 22, 2015.

Article 8 (Notification of Contract Revision and Termination) When intending to modify or cancel the contract.

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