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(영문) 수원지방법원 2018.04.10 2017나68127
시설비
Text

All the plaintiff (Counterclaim defendant)'s primary and conjunctive claims that have been changed to exchange in this court.

Reasons

1. Basic facts

A. On May 3, 2014, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) Company B (hereinafter “Plaintiff hotel”) that actually operated Plaintiff A (hereinafter “Plaintiff”) entered into an agreement on the consignment operation (hereinafter “instant consignment operation agreement”) with the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) under which the Defendant entered into and constructed and completed construction around November 2013, but the sale was not well-known, and thus, it was delegated the right to use and profit from the purchaser of the Plaintiff’s apartment (hereinafter “instant apartment”) with respect to the first floor above the Pyeongtaek-si D ground apartment, which was delegated the right to use and profit from the purchaser of the Plaintiff, and the 14th apartment above the ground (hereinafter “instant apartment”). Plaintiff A jointly and severally guaranteed the obligation of Plaintiff’s hotel under the instant consignment operation agreement.

① If the Defendant changes the use of the building of this case to a residential accommodation facility, the Plaintiff’s hotel shall be entrusted with such change.

② The portion of the building of this case shall be divided into the part having security deposit and the part having no security deposit; the security deposit for the part having security deposit shall be KRW 500,000,000, contract period of ten years, monthly rent of KRW 26,267,755 (including additional tax); and the part having no security deposit shall be determined by the contract period of ten years, monthly rent of KRW 30,093,81 (including additional tax).

(3) A period of three months from the date the permission for change of use is completed shall be exempted from monthly rent.

(4) Where monthly rent is overdue at least twice, a contract shall become void immediately, and the plaintiff's hotel shall waive the facilities and goodwill and transfer the facilities and goodwill to the defendant.

(5) The expenses for the operation of the building of this case, taxes, public charges, and other expenses shall be borne by the plaintiff hotel.

(Article V(2). (b)

On May 9, 2014, the instant building was permitted to change the purpose of use to a living accommodation facility. Accordingly, the Plaintiffs, in accordance with their respective guest rooms of the instant building, shall be provided with beds, such as bedles, bedclothess, and guest rooms fixtures in each guest room of the instant building.

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