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(영문) 부산지방법원 동부지원 2017.02.22 2015가단7994
건물인도
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On December 31, 2014, the instant officetel was an aggregate building consisting of 535 units, and the approval for use was issued on December 31, 2014, and the registration for preservation of ownership was completed on January 9, 2015. The Plaintiffs are some of the sectional owners of the instant officetel (75 persons), and the Defendant is a company operating a lodging business with the trade name “BX” in a part of the instant officetel from April 2015 to the present date.

B. On July 2012, at the time of entering into the sales contract for the instant officetel, the buyers of the instant officetel including the Plaintiffs: (a) prepared a written consent of the entrusted management company following the operation of living accommodation around July 2012; and (b) delivered the authority to execute the instant officetel to Bo LAC; and (c) the main contents are as follows.

3. Matters to be agreed;

(a) Entrusted management: Consent of the contractor to the entrusted management business entity related to the living accommodation facilities of the relevant room, under the contract;

(b) Selection of entrusted management companies: The first controlled entity shall be selected from the executor;

(c) The first period of entrustment of an entrusted management business entity: The entrusted operation shall be carried out for three years after the completion of the period of stabilizing the operation, and the selection shall be made by the occupant council

(d) Representative commissioning operation companies: In principle, one company shall represent in one company in order to stabilize operation and maintain and improve the value of assets for the long-term accommodation business.

C. On September 26, 2014, before approval for the use of the instant officetel was granted, the Defendant entered into a contract on the consignment operation of the instant officetel with Bodn&C on September 26, 2014, and the main contents thereof are as follows.

Subject matters subject to entrusted operation under Article 1 (General Provisions): The scope of entrusted operation to be conducted by creditors among the 535 offices of officetels shall be operated as accommodation facilities of the objects subject to sale of Bodn&C, a stock company.

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