logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.12.13 2016가합46225
임차권존재확인 등의 청구
Text

1. As to the facilities listed in the separate sheet between the Plaintiff and the Defendant, the Defendant is the lessor and the Plaintiff.

Reasons

1. Basic facts

A. Article 9 (Duties and Responsibilities of Lessees) of the Agreement between the Plaintiff and the Defendant, a lessee shall have the following obligations and responsibilities arising from the operation of the leased facilities:

2. A lessor's permission shall be obtained in advance for any change in the purpose of lease, change of the original state of leased property, execution of harbor works within leased facilities, and transfer of leased property and facilities to any third person;

Article 13 (Efforts to Promote Business Integration) (1) A lessee shall actively endeavor to achieve the unification of business, which separates the lessee from the participating company in a profit-making business under Article 6 for the normalization of harbor operation.

(2) A lessee shall not allow a person, other than a lessee (including a participant in a consortium), to use all or part of the harbor facilities leased (if the lease seems to be a clerical error) or to exercise the right to operate such facilities, and in extenuating circumstances, he/she shall require the lessor to exercise the right to use or part of the harbor facilities after obtaining prior approval therefor from the lessor.

Article 16 (Grounds for Termination of Contract by Lessor) (1) Where any of the following grounds arises, the lessor may terminate the contract, and the termination shall take effect one month after the date of written notice of termination:

1. Where the relevant Acts and subordinate statutes or the relevant lease contract is violated;

4. Where a lessee allows a person other than a lessee (including a participant in cases of a consortium) to use all or part of the leased facilities without prior approval, or to exercise the right to operate such facilities, Article 22 (Construction, etc. of Contracts) (1) In cases where there is any objection or dispute over the terms of this contract between a lessor and a lessee, the interpretation of the lessor shall govern;

(2) Matters not specified in this contract shall be governed by the provisions concerning the use, operation, etc. of harbor facilities by the Harbor Act, the Port Authority, and the Busan Port Authority, and other matters shall be governed by the lessor.

arrow