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(영문) 서울중앙지방법원 2011.10.05 2010가합132249
건물인도
Text

1. The Defendants are the parts of 1,328.78 square meters underground and 958.90 square meters underground, among the buildings listed in the attached list, to the Plaintiffs.

Reasons

1. Basic facts

A. The status of the parties, etc. 1) Plaintiff A is the I apartment in Seongbuk-gu Seoul Metropolitan Government H (hereinafter “instant apartment”).

(2) The owner of 226 Dong 1102, Plaintiff B is the owner of 228 Dong Dong 1602, the instant apartment building. (2) Defendant C is a person operating a sports center in the part of 1,328.78 square meters underground and 958.90 square meters underground of the instant apartment building (hereinafter “instant underground 1 and 2 floors”), and the remaining Defendants, other than Defendant C, are those possessing and using part of the instant underground 1 and 2 floors leased from Defendant C.

3) On the other hand, the instant underground 1 and 2 levels consist of a swimming pool, healthcare, fishery big facilities, and ancillary facilities among the common areas of the sectional owners of the instant apartment from 201 to 228. B. The conclusion of the entrusted management contract and the extension of the period of entrustment, etc. 1) J district Housing Redevelopment and Improvement Project Association (hereinafter “instant association”) and Defendant C concluded an entrusted management contract with the content that the instant underground 1 and 2 levels are to be entrusted with the entrusted deposit amount of KRW 100,000,000, monthly user fee of KRW 9,000,000, and the period of entrustment from May 1, 2005 to April 30, 2012 (hereinafter “instant entrusted management contract”). The main contents of the instant entrusted management contract are as follows.

Article 7 (Prohibition of Transfer of Rights) The defendant C may not transfer the rights of the defendant C under this Agreement to a third party or provide security, or sublet the entrusted object.

However, Defendant C may engage in sales activities or partial entrusted operation without the consent of the instant association in order to increase the efficiency of sales, excluding part of incidental facilities, in the entrusted space, and Defendant C shall assume all responsibilities.

Provided, That if the defendant C is unable to operate due to an unforeseen accident, etc., only the family member of the defendant C may be donated and inherited to operate it.

(2) excluding the above matters.

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