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(영문) 인천지방법원부천지원 2017.06.14 2016가단121217
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 29, 2012, the Plaintiff entered into a lease agreement with Defendant B apartment council (hereinafter “Defendant’s council of occupants’ representatives”) which is the council of occupants’ representatives of the said apartment (hereinafter “instant lease agreement”) on the Kimpo-si apartment management-dong C’s childcare facilities (hereinafter “instant childcare center”). From that time, the Plaintiff operated the childcare center at the said childcare facilities (hereinafter “instant childcare center”).

The terms related to the Plaintiff’s claim under the instant lease agreement are as follows.

Article 5 (Matters Subject to Authorization and Permission)

1. The Plaintiff shall obtain all kinds of authorization and permission from the Plaintiff on the responsibility of the Plaintiff where it is necessary to grant authorization, such as the Office of Education, viewing, etc. in relation to the operation of this facility, and the Defendant’s council of occupants’ representatives shall not

2. The council of occupants' representatives of the defendant shall actively cooperate when there are documents to be taken by the defendant's council among documents necessary for the permission and permission under paragraph (1) of the plaintiff.

3. The plaintiff shall not use this facility in violation of the purpose of lease or authorization.

Article 10 (Additional Value of Installation Costs) The remaining value of the installation costs, such as interior costs, remodeling of facilities, and alteration costs, installed at the facility may not be claimed to the defendant's council of occupants' representatives, and the successor to the facility and his/her successor.

(Recognizing the remaining value of the facility cost at the time of termination of compulsory contract due to reasons attributable to the council of occupants' representatives, including natural disasters)

3. The defendant council of occupants' representatives and the plaintiff may terminate this contract upon the occurrence of any of the following reasons:

(6) When the plaintiff implements the alteration of authorization or permission to the relevant government agency due to the replacement of the directors of a corporation, the defendant representative's representative council shall actively cooperate in the alteration of the lease agreement including the change

The plaintiff is a director replaced by the defendant's representative council.

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