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(영문) 수원지방법원 2018.12.21 2018가합18217
건물명도(인도)
Text

1. The Defendants fall under the “real estate indication” column in the attached Table 1 list to the Plaintiffs, respectively.

Reasons

1. Facts of recognition;

A. The plaintiffs are co-owners of AY hotel, AY, a hotel, AX ground accommodation (class hotel) in the eternic City, and each of them owns is as shown in the list of real estate in attached Form 1 and the indication of attached real estate 2.

The Plaintiffs concluded an entrusted management contract with Defendant AV Co., Ltd. (hereinafter “Defendant AV”) to operate the said hotel at each of the above units, as stated in the attached consignment management agreement, and caused the said Defendant to operate the said hotel at each of the above units.

(hereinafter referred to as the “instant hotel”). B.

In each of the above entrusted management contracts, if Defendant AV fails to pay the rental fee for the entrusted operation for at least three months, the entrusted head office shall be delivered to the trustee within one month from the date of receipt of the trustee's written notice.

The above defendant delayed the payment of the rent for entrusted operation to the plaintiffs for at least three months, and the plaintiffs accordingly notified the above defendant of the termination of each entrusted management contract on May 4, 2018 or May 9, 2018, and the notification reached on May 8, 2018 or May 10, 2018.

C. Defendant AV allows Defendant AW (hereinafter “Defendant AW”) to occupy and use the above heading room without the consent of the Plaintiffs.

[Reasons for Recognition] Unsatisfy, Gap 1 through 65 (including virtual numbers), the purport of the whole pleadings

2. Since each entrusted management contract of the above judgment on the cause of the claim terminated in accordance with the plaintiffs' above notification due to the delinquency in the rent of the defendant AV, the above defendant is obligated to deliver each of the pertinent real estate stated in the "Indication of Real Estate" column in attached Table 1 to the plaintiffs.

In addition, Defendant AW, who occupies and uses the above heading rooms, has the duty to deliver the above real estate to the plaintiffs who are the owners of the above heading rooms.

3. As to the assertion by Defendant AV, Defendant AV may claim for beneficial expenses, such as interior expenses, necessary expenses, and accessories, which were put into the section for common use of the hotel of this case.

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