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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff and D Co., Ltd. (hereinafter “D”) are co-owners of the fifth floor G of the building “F” located in Seongdong-gu, Seongdong-gu, Sungnam-si, and the fifth floor area of the building (825.97m2).
The defendant is the representative of D.
B. On October 25, 2001, the Defendant, at the place of business, shall be the location of the above place, and the representative shall be the Defendant and H, complete the business registration regarding the instant Gosiwon.
C. D, who was entrusted with the management and operation of the instant Institute, decided to delegate the management and operation of the instant Institute to the Plaintiff, drafted a delegation agreement on December 22, 2014 with respect to the management and operation of the Plaintiff and the instant Institute (hereinafter “instant agreement”).
The main contents of the instant agreement are as follows.
An agreement on delegation of management affairs
3. Period of delegation: The period from January 1, 2014 to December 31, 2017;
Unless there is any special defect after the expiration of the period, it shall be extended equally under mutual agreement.
4. 1) In lieu of D, D’s general management authority of the instant Institute is delegated to the Plaintiff. 2) When D’s closure and transfer of business, the Plaintiff, the owner of the said article, who is the owner thereof, has the right to operate the Institute of Public Notice so that D’s business is autonomously managed and operated.
D owned 20 rooms among the instant Gosiwons, but the said 20 rooms were followed by the auction procedure for real estate rent, and on April 27, 2018, a third party awarded a contract and transferred its ownership.
[Ground of recognition] The fact that there is no dispute, significant fact in this court, entry of Gap evidence 2 and 8, and purport of whole pleading
2. The gist of the Plaintiff’s assertion was delegated by D with regard to the management and operation of the instant Institute of Public Notice, and the Plaintiff managed the instant Institute of Public Notice. Of the instant Institute of Public Notice, the auction procedure for the instant Institute of Public Notice was in progress, and the ownership was transferred to a third party and was closed ex officio.
Therefore, as long as D is closed, the Defendant, which is a substantial business operator of the instant Institute, is subject to the instant agreement.