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(영문) 춘천지방법원강릉지원 2017.06.14 2016가단50036
필요비 등
Text

1. Defendant B Village Association: KRW 98,852,467 on the Plaintiff and 5% per annum from January 15, 2016 to March 7, 2017.

Reasons

1. Basic facts

A. Defendant B’s village association (hereinafter “Defendant village association”) concluded an entrusted management contract that is entrusted with the management and operation of the community hall building located in Gangseo-si City (hereinafter “instant building”) from Defendant Gangseo-si with respect to the following matters (hereinafter “instant entrusted management contract”).

Article 4 (Management of Entrusted Property) (1) The defendant village association shall perform its duty of care as a good manager of the entrusted property, and shall be responsible for the maintenance and management of the community hall, such as renovation and repair.

(2) No defendant village association shall use the entrusted property for any purpose other than the original purpose, or create, transfer, lend, exchange, or transfer any right to a third party.

(3) Where the defendant village association intends to build, extend, or repair facilities, it shall obtain prior approval from the defendant Gangnam-si, and the expenses incurred therein shall be borne by the defendant village association, and the completed facilities shall be donated to the defendant Gangnam-si at the same time as the approval for use is granted.

Article 8 (Guidance and Supervision) (1) The defendant Gangnam-si may have relevant public officials provide guidance and supervision on the overall management and operation status of the community hall at least once a month.

(2) If deemed necessary for the overall operation of a community hall, the defendant Gangnam-si may have its employees conduct an audit and inspection, and the defendant village association shall faithfully comply therewith.

B. At the time of entrusting the management and operation of the instant building, the first floor of the instant building was in the form of opening the entire part, excluding six square meters of the boiler room. However, the Defendant Village Association arbitrarily used the instant building for the leasing business without permission of the Gangnam Market.

C. On February 2, 2009, the Plaintiff entered into a lease agreement that leases the instant building from March 30, 2009 to March 31, 2014 (hereinafter “instant lease agreement”) with the Defendant Village Association (hereinafter “the instant lease agreement”).

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