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(영문) 수원지방법원평택지원 2017.06.09 2015가단45951
시설비
Text

1. The Plaintiff (Counterclaim Defendant) is jointly and severally liable to the Defendant (Counterclaim Plaintiff) for KRW 43,361,144 and its amount from April 12, 2016.

Reasons

1. Basic facts

A. On May 3, 2014, Plaintiff B Co., Ltd. (hereinafter “Plaintiff”) practically operated with the Defendant (hereinafter “Plaintiff”) entered into a contract for the consignment operation (lease) with the following content with respect to the E-House (hereinafter “instant consignment operation contract”) with respect to the 1st basement floor above Pyeongtaek-si D ground, the 14th apartment floor above ground, the 14th apartment (104 household unit room-type, 104 household unit-type, hereinafter “instant building”) for which the right to use and to use was delegated from the buyers as it was completed and completed around November 2013 after the Defendant’s execution and construction, but it was not well-known, and Plaintiff A jointly and severally guaranteed the responsibility of Plaintiff A’s hotel under the instant consignment operation contract.

① If the Defendant changes the use of the building of this case to a residential accommodation facility, the Plaintiff’s hotel shall be entrusted with such change.

② The portion of the building of this case shall be divided into the part having security deposit and the part having no security deposit; the security deposit for the part having security deposit shall be KRW 500,000,000, contract period of ten years, monthly rent of KRW 26,267,755 (including additional tax); and the part having no security deposit shall be determined by the contract period of ten years, monthly rent of KRW 30,093,81 (including additional tax).

(3) A period of three months from the date the permission for change of use is completed shall be exempted from monthly rent.

(4) Where monthly rent is overdue at least twice, a contract shall become void immediately, and the plaintiff's hotel shall waive the facilities and goodwill and transfer the facilities and goodwill to the defendant.

(5) The expenses for the operation of the building of this case, taxes, public charges, and other expenses shall be borne by the plaintiff hotel.

(Article V(2). (b)

On April 2014, Nonparty F, a partner of the Plaintiffs, paid KRW 421,060,000, out of the deposit stipulated in the consignment operation agreement of this case to the Defendant, and set up a right to lease on a deposit basis in the name of G (F) for some households of the building of this case.

C. On May 9, 2014, the instant building was permitted to change its use to a living accommodation facility, and accordingly.

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