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(영문) 서울고등법원 2015.03.12 2014나27885
부당이득금반환등
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim is stated.

Reasons

1. Basic facts

A. 1) Plaintiff A and Defendant, who represented Plaintiff B and C, on November 15, 201 (hereinafter “instant condominium building”) indicated in the separate sheet on November 15, 201.

) Part of the lease purpose (hereinafter referred to as “each of the instant sections”) is “each of the instant sections.”

2) As to the instant lease agreement, the following terms and conditions are as follows:

The Plaintiff and the Defendant concluded a special agreement as follows. After applying for change of the purpose of each of the instant partitioned buildings from sectional owners to medical facilities with consent to change of the purpose of use, the Defendant obtained approval for use until March 2012, and delivered the above partitioned building to the Plaintiffs. Upon the change of the purpose of use, the Plaintiffs paid the remainder of the usage, and subsequently, the hospital construction was commenced. The real estate lease deposit amount: KRW 60 million (120 million is paid at the time of the contract, the intermediate payment of KRW 240 million is paid at the time of the contract, and the intermediate payment of KRW 240 million is paid at the time of December 15, 201, and the remainder of KRW 240 million is paid on the date of change of use: KRW 40 million: KRW 4,000,000 from the sectional owners; KRW 750,000,0000; KRW 375,000 from the date of approval for use; KRW 2015-25, KRW 31475,5,2415 stories.

A lessor: The representative tenant of the E-building Management Body: The tenant of the Plaintiff A's lease agreement only states the name of the Plaintiff A, but the fact that all the Plaintiffs are the tenant of the above lease agreement does not conflict between the parties.

Matters of special agreement

2. This Agreement is a contract with the Ethical management committee of the Ethical management body and all the liabilities of this Agreement shall be borne by the Operating Committee and the Chairman (Lessor) of the Ethical Board.

3. The operating committee shall lease a written consent to change the purpose of use and a written consent to lease;

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