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(영문) 서울남부지방법원 2018.07.26 2017가단253304
부동산인도 청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The counterclaim Defendant is an organization consisting of occupants and users of Gangseo-gu Seoul Metropolitan Government B Apartment (hereinafter “instant apartment”), and is an organization that determines important matters concerning the management of the said apartment.

On July 8, 2014, the counterclaim Defendant published a public announcement of the selection of the operator of the nursery on the instant apartment 259 square meters (hereinafter “instant nursery 259 square meters”), and presented the following: (a) as the qualification for participation in the bidding, the first class infant care teacher under Article 21 of the Infant Care Act, and the first class infant care teacher under Article 21 of the Infant Care Act, and a corporation directly operating the nursery 200 square meters (excluding any specific religious corporation), and the head of the kindergarten who is not registered as

On July 15, 2014, the Lessee entered into a bid service contract with C&C Co., Ltd. (hereinafter “S&C”) related to the instant childcare center, and paid KRW 150,000,000 to the Nonparty Company as the expenses for bidding service.

On July 23, 2014, the non-party company was selected as the operator of the nursery by bidding to the public notice on the selection of the operator of the child-care center in this case, and during that process, the counter-party company submitted a written waiver of the deposit as follows to

(hereinafter referred to as the “instant waiver note”). C&C, a corporation participating in the bid for the selection of the B-care facility operator, will immediately terminate the contract and give up the security deposit, facility cost, etc. in the following cases:

1. No illegal lease, transfer, mortgage, or pledge may be created;

2. Formation of premiums;

3. Termination of a contract due to causes attributable to the lessee;

4. Where the details of the operation plan of the child-care center are not faithfully implemented;

5. Where it is identified as a consulting company on August 6, 2014, the counterclaim Defendant: (a) deposited KRW 50,000,000; (b) monthly rent of KRW 1,80,000; and (c) period with Nonparty Company and D (the person designated as the president of the child-care center of this case) as the leased object.

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