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(영문) 부산지방법원 2014.05.13 2013가단10143
손해배상(기) 등
Text

1. The part concerning the claim for payment of KRW 10,954,659 among the principal lawsuit of the council of occupants' representatives of the plaintiff (Counterclaim defendant) shall be dismissed.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On December 2006, the Plaintiff’s council of occupants’ representatives concluded a lease agreement (hereinafter “instant lease agreement”) with regard to the Plaintiff’s P and the Plaintiff’s 103-dong A apartment 103-dong 1, 126.975 square meters of childcare facilities (hereinafter “instant childcare facilities”) from January 1, 2007 to December 31, 2009, the lease deposit amount of KRW 30,000,000, and monthly rent of KRW 700,000.

B. At the time of the instant lease agreement, the following agreements were concluded: (a) the lessee cannot sublease without the lessor’s approval; (b) the lessee cannot directly operate a nursery facility and delegate it to another person; and (c) the lessee shall be deemed null and void if the lessee violates the instant lease agreement and shall not claim the return thereof (hereinafter “instant agreement”).

C. Defendant P operated the instant childcare center in the instant childcare center on May 2009, and transferred all the right to lease and operation of the instant childcare facility to T without the consent of the Plaintiff’s council of occupants’ representatives. Also, on November 13, 2009, C transferred the instant childcare facility to Q without the consent of the Plaintiff’s council of occupants’ representatives. Defendant Q transferred the instant right to U on December 1, 2009 while operating the instant childcare facility from December 1, 2009 to August 17, 2012.

Meanwhile, on the other hand, on the ground that the name of the tenant of this case and the name of the representative of the above child care center became Defendant P, Defendant P entered into a contract with the Plaintiff’s council of occupants’ representatives extending the lease term of this case in the name of Defendant P from January 1, 2010 to December 31, 2011 on December 17, 2009.

E. On March 25, 2011, the council of occupants’ representatives notified Defendant P of the termination of the instant lease agreement on the ground of the instant childcare facility’s unauthorized transfer to Defendant P, and the notification of termination reached around that time.

F. The nursery of this case

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