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(영문) 부산지방법원동부지원 2015.01.09 2013가합3612
추심금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant as a party is a company that occupies the whole first floor or fourth floor of the 65-9 and 7 lots of land in Jung-gu, Seoul (hereinafter "the building in this case") under the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act"), and operates the clothing store "Norri". The plaintiff is a company that operates broadcast advertising agency and various printed materials production, etc.

B. (1) A management body consisting of all sectional owners of the building of this case under the Aggregate Buildings Act, including the process of concluding a lease contract and sub-lease contract (hereinafter “the entire management body of this case”). On the first to fourth floor of the building of this case, a management body on each floor of this case (hereinafter “management body on each floor of this case”), which is a voluntary organization established for the purpose of coordinating mutual interests among sectional owners and promoting the smooth operation of the commercial buildings, is separately organized.

(2) The entire management body of the instant building is a stock company on March 23, 201 with the delegation by the sectional owners of the instant building.

The term “stock company” (hereinafter referred to as “stock company”) and the instant building, among the instant buildings, set lease deposit amounting to KRW 400 million, and KRW 560 million, at least KRW 500,000,000,000,000,000,000 for the second floor or the sixth floor above the ground, were entered into an integrated lease agreement (hereinafter referred to as “instant integrated lease agreement”).

(3) No. 3)

Around February 201, Ethreti entered into a lease agreement with the management body of the first, third, and fourth floors among the instant units of floors and the first, third, and fourth floors among the instant units of buildings; the entire management body of this case attended and affixed seals and seals on each of the above lease agreements as a guarantor; on May 22, 2011, the management body of the second floor and the instant entire management body of the instant units of floors and the second floor of the instant building.

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