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1. The Defendant E and the Defendant-Counterclaim Plaintiff F’s appeal against the instant principal lawsuit and the Defendant-Counterclaim Plaintiff F.
Reasons
A principal lawsuit and a counterclaim shall be deemed as the same.
Basic Facts
The Plaintiffs are sectional owners holding each real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant real estate”). G Co., Ltd. (hereinafter referred to as “G”) is a company that operates the “J” (hereinafter referred to as “instant hotel”) upon being entrusted by the sectional owners of the instant building in Jung-gu Seoul Special Metropolitan City, including the Plaintiffs. The Defendants entered into each consignment management contract with G and currently possess the instant real estate.
From 2010 to 2015, the Plaintiffs entered into a real estate management consignment lease agreement (hereinafter “instant real estate management consignment agreement”) between G and G with the purport that G shall manage and operate the instant hotel building as a whole and pay proceeds, etc. to the Plaintiffs. The main contents are as follows.
A: The purpose of this case’s hotel (general terms and conditions of contract) Article 1(a) of the General Terms and Conditions of Contracts is to obtain the entrusted fees by operating the instant hotel (general terms and conditions of contract) as a medium and long-term stay accommodation or hotel for domestic foreigners, etc. under the delegation of “A” and “A” as a long-term stable profit, and “B” is to acquire the entrusted fees.
Article 3 (Maintenance and Management) “B” shall maintain and manage the main building in consultation with “A” in a manner suitable for the operation of a hotel, and obtain the prior consent of “A” and ex post facto consent when a ground for change arises.
Article 4 (Duty of Care and Due Care)
1. The term “B” performs its duty as a good manager in managing the building in question.
2. “B” must endeavor to benefit from “A” and may engage in activities for the benefit of “A” annually.
Article 6 (Operation and Management of “Main Building”)
1. The obligations of “B” are as follows:
(1)The recruitment and management (2) of guestss of (3) of asset management services, such as cleaning, prevention of epidemics, repair and expenses, for the building.