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(영문) 인천지방법원 2019.07.19 2018구합53881

숙박업영업신고수리처분취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The name of “D” in Jung-gu Incheon, Jung-gu, consists of three underground floors, ten above ground, 71, 71, 3-10 officetels 310, and 546 hotels, and 546 on May 11, 2017.

On the other hand, the above 546 hotel room is divided into 331 hotel (general hotel) and 215 hotel (individual hotel) in order to distribute profits to investors by the entrusted hotel with the right of divided ownership of the hotel for each guest room and the entrusted hotel is divided into 546 hotel.

(hereinafter “instant hotel”). (b)

The owners of the guest rooms of the instant hotel entered into a lease agreement with E Co., Ltd. (hereinafter “E”) to entrust the operation of the instant hotel, but E was in arrears from July 1, 2017 to the said lease agreement.

Therefore, 231 of the 294 persons holding the right to terminate the lease agreement with E among the 294 persons holding the right to the hotel management body of this case (138 persons holding the right to the hotel of business and 93 persons holding the right to the hotel of this case). The hotel management body of this case demanded the payment of the rent in arrears by June 18, 2018, and notified the payment of the rent in arrears until June 18, 2018, but the payment of the rent in arrears was not made within the above period, and the above lease was terminated.

C. On June 26, 2018, the Plaintiff (former:F) concluded a lease agreement with the sectional owners of guest rooms who terminated the lease agreement with E, to entrust the operation of guest rooms owned by him/her. On June 26, 2018, the Plaintiff entered into an entrustment agreement with the hotel management body of this case for the management of the hotel of this case.

In addition, on July 24, 2018, the Plaintiff accommodation business (general) reports on accommodation business (general) and accommodation business (living) for the hotel 184 rooms among the instant hotel with the trade name of “G” at the instant hotel on July 24, 2018.