beta
(영문) 서울고등법원 2016.04.29 2015나2051096

계약인수

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

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

The apartment complex is an apartment complex completed on August 12, 2008, consisting of 48 units, 3,143 units, 48. The Defendant is an autonomous management organization that the apartment occupants of the instant apartment complex form for the management and operation of the instant apartment complex. 2) The Plaintiff (D Co., Ltd., and changed to its trade name as of September 26, 2010) was incorporated for the purpose of sports facility operation business, etc., and is operating sports facilities by occupying the real estate listed in the attached Table among the Museum Center, the public part of the instant apartment complex, as of September 26, 201.

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

(2) On May 10, 2008, the rebuilding association opened an ordinary general meeting and decided to delegate the authority to the 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 general meeting of the rebuilding association and the representatives’ meeting of November 28, 2008. (2) On November 27, 2008, before the completion of the occupancy of the instant apartment, the rebuilding association entered into a lease agreement with the Plaintiff on May 27, 2008, by setting the lease agreement from December 1, 2008 to December 31, 2013, and requested the Plaintiff to enter into a lease agreement again on April 26, 2009.

The area of leased goods under the lease agreement is somewhat different from the area subject to the instant entrusted management agreement, which is examined below, stating that “the total area of the 3,987 square meters of the Do community center is 3,987 square meters, excluding reading rooms and reading centers.”

However, this does not include some of the use items such as outdoor equipment rooms and corridors.