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(영문) 부산지방법원 2019.04.04 2018가단12168
부동산임차인명의변경절차이행
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. Ddong club (hereinafter “instant club”) is an organization established on January 201 with a view to making good use of leisure time and the quality of healthy life through a healthy sports culture based on mutual friendship among its members on the basis of mutual friendship among its members.

B. Around August 1, 2014, the club of this case entered into a lease agreement on F and 4 floors in the name of the defendant and the plaintiff, a member, under the name of the chairperson of the club of this case, with E as to F and 4 floors in Busan Dong-gu (hereinafter “instant lease agreement”), and used the leased part as the office of the club of this case.

C. A dispute arises between the members of the club of this case and the executives of the club of this case. At the special meeting of the club of this case held on January 25, 2018, the executives of the club of this case including the defendant (hereinafter “former executives”) voluntarily resigned from office, and the plaintiff was elected as the president of the club of this case.

On February 21, 2018, the instant club held an extraordinary general meeting and passed a resolution to dismiss all officers including the Defendant.

E. Meanwhile, the Defendant kept the membership fee reserve of the club of this case in the deposit account in the name of the Defendant as stated in attached Table 2, and the deposit balance as of December 2018 is KRW 5,307,609 (hereinafter “the instant deposit”).

[Ground of recognition] The facts without dispute, Gap evidence 1 to 5, Gap evidence 11 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion was that the Defendant voluntarily withdraws from the club of this case, and was expelled from the club of this case on February 21, 2018, and thus, the Defendant lost the lessee’s status as to the instant lease agreement and the right to keep the deposit of this case.

Therefore, the Defendant, as the president of the club of this case, is the Plaintiff, and under the lease agreement of this case, the name of the lessee is under the name of the Defendant, C, the head of the club of this case, in accordance with the Association rules.

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