(영문) 서울중앙지방법원 2015.09.04 2013가합66367

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(영문) 서울중앙지방법원 2015.09.04 2013가합66367

임료 등

Text

1. The Defendants jointly committed against the Plaintiff KRW 497,744,196 and KRW 213,20,000 among them, Defendant B shall be liable for the payment of KRW 497,744,196.

Reasons

1. Basic facts

A. The Plaintiff is a school juristic person that maintains and manages D High School, and is the owner of the land indicated in the attached Table (hereinafter “instant land”) which is a site for the tennis (hereinafter “the instant tennis”) in the said school.

B. On September 1, 2001, the Plaintiff entered into a contract with the Defendants for the consignment use management fee of the instant table, KRW 900,000 per month, and the consignment use management period from September 1, 2001 to August 31, 2002.

The Defendants leased the instant table to the general public in accordance with the above contract, and the said contract was renewed by February 28, 2008.

C. On October 2007, the Defendants, without any prior notice to the Plaintiff, changed the floor of the instant tennis, and started the construction of the three steel pipe assembly-type household buildings and one steel pipe pipe building on the instant land (hereinafter “instant facilities”). On December 2007, the Defendants began to construct the installation of the instant facilities, such as the water distribution channel, the water tank, the water tank, the water tank, the water tank, and the Embridge, etc. (hereinafter “instant facilities”). On December 2007, the Defendants removed the existing buildings existing in the instant tennis and constructed the new building on the said site (hereinafter “each of the instant old buildings” and “new buildings”).

Accordingly, the Plaintiff notified that it would not renew the construction discontinuance and the consignment use management contract, and requested the Defendants to continue the operation of the instant tennis. On July 10, 2008, the Plaintiff entered into a license agreement with the Defendants under the following terms (hereinafter “instant license agreement”).

“A”: The Plaintiff, “B”: the Defendants

1. (Consent to Use, Subject-Matter, and Period of Contract) ① The object of this contract is the site of nine pages (land) located in the Gangnam-gu Seoul Metropolitan Government and seven lots D High Schools;

(2).

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