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(영문) 서울고등법원 2015.09.11 2015나2008184
임대료 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for this part of the basic facts and the Plaintiff’s assertion is as stated in Articles 1 and 2 of the reasoning of the judgment of the court of first instance except for the following modification or deletion. Thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

The part of the “instant underground parking lot” in the 10th 10th eth 10th eth eth eth eth eth eth eth eth eth

The part of "unincorporated Association" in the 13th judgment of the first instance court shall be amended to "a management body prescribed in Article 23 of the Act on the Ownership and Management of Aggregate Buildings."

The part from 16th to 25th place of the first instance judgment shall be deleted.

The fifth five-party 3 parking lots of the first instance court, “The instant parking lot was leased” to “The 45,000,000 won (value-added tax separately) monthly parking lots of the 5,6, and 7th class” (hereinafter “instant parking lot”).

2. Determination

A. On October 29, 2010, the Plaintiff and the Defendant concluded the instant lease agreement with the Plaintiff on October 29, 201, stipulating that the Plaintiff and the Defendant would lease each of the instant aggregate buildings with the parking lots of KRW 45,00,000 (excluding value-added tax), which belong to the Plaintiff’s exclusive ownership, monthly rent of KRW 45,00,000 (excluding value-added tax) and the lease period from November 1, 201 to October 31, 201.

As to this, the Defendant asserted that the instant lease agreement was null and void because there was no prior resolution or ex post facto resolution of the Defendant’s general meeting, notwithstanding the fact that it is required to be resolved by the Defendant’s management rules, and even if it is not null and void, it was changed to KRW 31,00,000 per month from February 23, 201. At the instant request, the Plaintiff sought a payment of rent under the instant lease agreement from March 2013 to November 2013 (hereinafter “instant period”).

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