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(영문) 수원지방법원안양지원 2015.08.21 2014가합103935

계약인수

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s status 1) Overcheon-si B apartment (hereinafter “instant apartment”).

(2) As an apartment completed on August 12, 2008, 48 units consisting of 3,143 units, and the Defendant is an autonomous management organization organized by the said apartment occupants for the management and operation of the said apartment complex. 2) The Plaintiff (the previous trade name is a company incorporated for the purpose of operating sports facilities, etc., and the part excluding reading rooms and reading centers among the total area of 3,987.90 square meters of the community center, which is the common area of the instant apartment, (hereinafter “the instant community center”).

B. 1) The CHousing Reconstruction Project Association, a partnership established to promote the reconstruction project of the apartment of this case (hereinafter “Rebuilding Association”)

On May 10, 2008, the rebuilding association opened an ordinary general meeting and decided to delegate the authority to the board of representatives of the rebuilding association with respect to the operation of the instant community center. On May 28, 2008 and November 14, 2008, the rebuilding association decided to enter into a lease agreement with respect to the instant community center at the ordinary general meeting of the rebuilding association and the board of representatives meeting of the rebuilding association at a meeting of the board of representatives on November 14, 2008. 2) On November 27, 2008, prior to the completion of the occupancy of the occupants of the instant apartment, the rebuilding association formed a lease agreement with the Plaintiff from the Plaintiff during the lease deposit amount of KRW 250 million,000,000, monthly rent of KRW 20,000, and the lease agreement from December 1, 2008 to December 31, 2013, and requested the Defendant to set up the lease agreement again on April 26, 2009.

According to the lease agreement revised and drawn up as above, the lease deposit is KRW 150,00,00, monthly rent is KRW 20,000, and the lease term is from December 1, 2008 to November 30, 2013. Since the establishment of the council of occupants' representatives, the rent is monthly rent is by the council of occupants' representatives.