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(영문) 의정부지방법원 고양지원 2018.08.10 2017가합73962

건물명도(인도)

Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The composition of the management body and the delegation of sectional owners 1) the V building located in the U of Pakistan (hereinafter “instant commercial building”).

(2) Article 42 of the Regulations of the Management Body of this case provides that “the basic direction of the management and the operation of the commercial building of this case, and matters concerning the designation and change of the management company, etc.” shall be subject to deliberation by the representative board of directors, pursuant to the Act on the Ownership and Management of Aggregate Buildings.

3) A sectional owner of the instant commercial building, around 2013, delegated all the rights to lease and operation of the instant commercial building to the instant management body, and accordingly, the said management body, as a lessor, has concluded a direct lease contract with the lessee with respect to each of the separate stores of the instant commercial building. (B) As of March 7, 2014, X, a manager of the instant management body, as of March 7, 2014, established W Co., Ltd. (hereinafter “the instant company”), and was appointed as a representative director of the said company.

2) On December 15, 2015, the instant company entered into a lease agreement with the Plaintiff on the entire commercial building of this case (hereinafter “instant lease agreement”) between the Plaintiff and the Plaintiff (hereinafter “instant lease agreement”) stating that “the sales facility for lease purposes, the lease period from March 1, 2016 to February 28, 2021, the deposit amount of KRW 100 million, the monthly rent of KRW 10 million, and the monthly rent of KRW 10 million”).

A) Around that time, the Plaintiff entered into a sub-lease contract between the Plaintiff and the Defendants. (c) The Plaintiff entered into a sub-lease contract between February 1, 2016 to January 15, 2017, with the Defendants as indicated in the following table: (a) the sub-lease contract between the Defendants and the divided stores falling under each of the possessions listed in the list of the [Attachment 1] (hereinafter “each sub-lease contract of this case”).

B. At the time of the commencement of possession, each of the following table.