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(영문) 의정부지방법원고양지원 2019.11.08 2018가합75279
보증금반환
Text

1. The defendant shall pay to the plaintiffs each corresponding amount and each corresponding amount in the claim column for each plaintiff's attached Form 1.

Reasons

1. Fact-finding;

A. The sectional owners of each of the divided stores located in the 1st and second floors located in the V located in each of the above 1 and second floors in each of the above 1 and second floors (hereinafter collectively referred to as the “instant commercial buildings”) constituted the W Management Body (hereinafter referred to as “W Management Body”) for the purpose of leasing, managing, and operating the instant commercial buildings.

D. Meanwhile, Article 42 of the Regulations of the Management Body of this case provides that “The basic matters concerning the management of the commercial building of this case and the basic policy for the operation of the commercial buildings, and matters concerning the designation, alteration, etc. of the management company” shall not exceed 10 persons, including one head of the Management Body, and the fixed number of representative officers shall not exceed 10 persons, including one head of the Management Body, two deputy head and one secretary, and one auditor shall be appointed for each floor” (Article 34(2)), and the representative officer shall be elected at the meeting of sectional owners.

(Article 35, Paragraph 1). The matters to be deliberated shall be defined as those subject to deliberation.

B. (1) Around 2013, the sectional owners of the instant commercial building delegated all the rights to lease and operation of the instant commercial building to the instant management body. Accordingly, the said management body, as a lessor, has concluded a direct lease contract with the lessee regarding each of the instant commercial buildings.

B. At the time of March 7, 2014, X, a manager of the instant management body, established Y Co., Ltd. (hereinafter “instant company”) and was appointed as a representative director of the said company.

After that, on December 15, 2015, the instant company leased the entire commercial building to the Defendant, “from March 1, 2016 to February 28, 2021, deposit KRW 100 million and monthly rent KRW 10 million” (hereinafter “instant lease contract”), and thereafter, delivered the entire commercial building to the Defendant.

C. The parties to the instant case are the parties.

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