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(영문) 부산지방법원동부지원 2017.12.15 2017가합918
건물명도(인도)
Text

1. The defendant shall make the plaintiffs listed in the annexed section for exclusive use in the "name" column of the attached section for exclusive use in the same Table.

Reasons

1. Facts of recognition;

A. The relationship between the parties 1) The Plaintiffs are hotel “C” in the shipping Daegu B (hereinafter “instant hotel”).

(2) Each of the sectional owners of the instant hotel, and the Plaintiffs indicated in the “name” column of the attached Table of the section for exclusive use (the Plaintiffs No. 31 listed in the list of the Plaintiffs) had already received exclusive ownership from the Defendant, were excluded from the attached Table of the section for exclusive use. As such, each of the real estate listed in the “exclusive ownership” column of the same Table is owned by the Defendant. 2) The Defendant, as a stock company operating a hotel operating business, was a company operating the instant hotel after concluding an entrusted operation contract with the Plaintiffs, who are the sectional owners of the instant hotel.

B. The Plaintiffs entered into the entrusted operation contract of this case had the Defendant entrust the operation of the section for exclusive use under their respective sectional ownership among the instant hotels. Accordingly, the Plaintiffs prepared a “entrusted operation contract” with the Defendant, and the parties who entered into the entrusted operation contract with the Defendant on or before June 30, 2015, respectively prepared the “general guest room operation contract” and “contract for entrusted operation (revision)” with the Defendant, but there is no difference between the contractual terms stipulated in the entrusted operation contract and the contractual terms.

(hereinafter referred to as the “instant entrusted operation contract”) and the main contents of the instant entrusted operation contract are as follows:

(A) The term “Plaintiffs” and “Defendants” are referred to respectively). Article 1 (Purpose of this Agreement) The purpose of this Agreement is to allow Party B to use and take profits from the hotel rooms of this case owned by Party A, and Party B to pay the profits to Party A and to delegate the management of the hotel rooms.

Article 3 (Scope of Services) 3-1. The scope of services entrusted by A to B shall be as follows:

Management of guest rooms facilities;

(b) Operation and business activities for the sale of guest rooms;

(c) All matters concerning the whole operation of general and living-type accommodation facilities;

(d) For the use of the area of a public hotel and ancillary facilities to the hotel;

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