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(영문) 서울중앙지방법원 2019.04.25 2018가합536786
기타(금전)
Text

1. The request for intervention by an independent party intervenor shall be rejected;

2. The defendant shall pay to the plaintiff KRW 313,228,602 and 261,00 among them.

Reasons

Each lawsuit of the plaintiff and the intervenor shall be considered together.

Basic Facts

Article 8 (1) Restriction on Disposition of Lease, etc. (D) shall not transfer the right of urban planning projects and the right of lease in its name to a third party without the consent of the plaintiff, dispose of it as security, sell in lots or sublease them.

Provided, That it is possible to conclude a sub-lease, lease-sale or membership contract without the consent of the plaintiff to the extent that the sum of the deposit received by sub-lease of the existing building to a third party and the purchase price of the new building to be leased to a third party and the purchase price of membership fees and membership fees to be paid by a third party by selling membership to a third party, does not exceed 1/2 of the rental deposit paid to the plaintiff.

(2) Where D leases, sells or subleases the leased object to a third party with the consent of the plaintiff, it shall obtain a lease contract or sublease contract with the plaintiff's signature and seal attached thereto from a notarial office certified by the notarial office and submit it to the plaintiff.

(3) Where the aggregate of sale proceeds and deposit money exceeds 1/2 of the rental deposit as a result of lease, sale by units or sub-lease to a third party with the consent of the plaintiff, D shall immediately deposit the excess amount in the plaintiff or provide the plaintiff with a security necessary for the creation of a security right, such as a pledge, mortgage

Article 9 (Restriction on Sale by Units or Sub-lease of New Construction Facilities) Where a building or facility newly constructed by D is leased, sold, or offered for membership, the consent of the plaintiff must be obtained in advance, and where the rent, subscription fee, membership fee, and the contract for sale by units and deposit money under paragraph (3) above exceeds 1/2 of the rental deposit, the excess amount shall be immediately deposited with the plaintiff or a security necessary for the creation of a security right, such as a pledge, mortgage, etc.

Article 13 (Tax, Public Charges and Necessary Expenses)

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