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(영문) 광주고등법원 (제주) 2018.07.18 2017나10857
공유부분 명도 청구의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the first instance, except for the case where the defendant makes an additional determination as to the argument that the defendant raised in the trial of the first instance, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420

2. Judgment on the defendant's assertion

A. In light of the overall purport of the pleadings, the following facts can be acknowledged in each entry of Gap evidence 5 to 10, and Eul evidence 1 to 7 (including paper numbers):

1) The guest room of the instant hotel is a total of 215 rooms, and the Defendant entered into a lease management consignment agreement with the sectional owners of 215 rooms around February 2015 (from March 1, 2015 to February 28, 2016) and operated the instant hotel. (2) The owners of 109 rooms among the instant hotel notified the termination of the rental management consignment agreement on the grounds that the contractual income was unpaid on October 2015.

3) Around March 2016, the Defendant entered into a lease management consignment agreement with the sectional owners of 62 rooms among the instant hotels (from March 1, 2016 to February 28, 2017). Around February 27, 2017, the contract term expires, the Defendant again entered into a lease management consignment agreement with the sectional owners of 46 rooms among the instant hotels. The contract term of the said lease management consignment agreement was from March 1, 2017 to February 28, 2018, and the said contract was terminated at the end of the contract term. 4) Meanwhile, the management body of the instant hotel (the representative Plaintiff, the manager Plaintiff, and the management body; hereinafter referred to as the “management body”) held a general meeting of the management body around January 2017, and the said general meeting was designated as a new hotel of the Sananan Global Global Co., Ltd. (hereinafter referred to as the “Sanan Global Global”).

5) Of the hotel rooms of this case, 44 rooms are Korean Asset Trust Co., Ltd. (hereinafter “Korean Asset Trust”).

The Korean Asset Trust is owned by the company, and on February 19, 2018, the Korea Asset Trust concluded a contract for entrusted operation with the Sejong Global.

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