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(영문) 서울고등법원 2020.10.15 2019나2050848
손해배상 등
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The status of the parties 1) Defendant C Co., Ltd. (hereinafter “Defendant C”).

) A construction executor is a landowner and a construction executor in the Yangcheon-gu Seoul EF zone (hereinafter the above development project “instant urban development project”).

2) Defendant D Co., Ltd. (hereinafter “Defendant D”)

(2) At the time of Defendant D’s execution of removal, the Plaintiff leased part of the land within the said urban development zone and performed its business activities. The Plaintiff was a company that concluded a removal service contract with the said Defendant C and performed the actual removal work.

B. At the time of July 16, 2010, the Plaintiff and the Plaintiff’s business activities carried out a luminous and outer management service business with the name of “I” (hereinafter “instant business site”) on the instant land, on which the owner H leased KRW 15,000,000, monthly rent of KRW 15,500,000, and the Plaintiff carried out a luminous and outer management service business with the name of “I” (hereinafter “instant business site”).

The above lease contract has been renewed every two years, and the terms of the special agreement shall be as follows:

Matters of special agreement

2. All expenses to be incurred in the construction of a building shall be borne by the lessee;

In addition, if the lease term expires, the above building will belong to the lessor without any condition.

The lessee shall not claim the lessor for the expenses incurred in constructing the building.

3. Since the above site is a natural green area, the lessee shall be fully examined in advance to determine whether a building meeting the leased purpose can be constructed with the prior inquiry of the Yangcheon-gu Office, etc.

5. Since the above site is the land to be promoted by redevelopment from several years before Yangcheon-gu Seoul Metropolitan Government and Yangcheon-gu, the lessee shall sufficiently review the above site and re-contract in consideration of it.

6. In the course of redevelopment, the lessee actively cooperates with the redevelopment project, and does not absolute the lessor’s claim for the cost of the lessee’s loss.

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