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(영문) 의정부지방법원고양지원 2017.11.03 2017가합71263
건물명도(인도)
Text

1. Of the plaintiffs' lawsuit of this case, part of the plaintiffs' claim against the defendant BU based on the subrogation right of the creditor.

Reasons

1. Basic facts

A. Among the plaintiffs, the remaining plaintiffs except for plaintiffsY (Plaintiff 26.) are sectional owners for each shop listed in the column for each "house" in the attached Table among BW buildings located in Pakistan (hereinafter "the commercial building of this case") at the time of Pakistan.

Pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Aggregate Buildings Act”), the “BW Building Management Body” (hereinafter referred to as the “Management Body of this case”) comprised of sectional owners of the instant commercial building is established. The regulations of the Management Body of this case provide for the matters to be deliberated upon by the Representative Executive Committee as the matters concerning the basic policy for the management and operation of the instant commercial building.

B. The instant management body, as a lessor, directly concluded a lease agreement on each shop of the instant commercial building with the lessee.

C. On December 15, 2015, BX, the manager of the instant management body, established BT Co., Ltd. (hereinafter “Defendant Company”) that runs real estate sale and purchase business, lease business, etc., and it was appointed as an internal director of the said company.

On December 15, 2015, the Defendant Company entered into a lease agreement with Defendant BU on the whole of the instant commercial building (hereinafter “instant lease agreement”) with the following: “The sales facilities for lease, the lease period from March 1, 2016 to February 28, 2021, the deposit of KRW 100 million, monthly rent of KRW 10 million (the value-added tax is separately deferred for three years from the date of conclusion of the contract, and the settlement is made from March 1, 2019),” and thereafter, transferred the possession of the entire commercial building to Defendant BU.

[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 100 and the purport of the whole pleadings

2. The plaintiffs' assertion BX established the defendant company at will without due process such as the meeting of the management body or the board of directors of the management body of this case, and entered into the contract of this case with the defendant BU in the name of the defendant company. The above contract of this case is the commercial building of this case.

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