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(영문) 인천지방법원 2020.11.17 2019가합60089
건물명도(인도)
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiffs are 168 co-owners holding each real estate (208 guest rooms) indicated in the column for “marking the section building” in the attached Table 2 list among G (the underground floor, 25 floors above ground, 487 guest rooms, and hereinafter “instant hotel”) which is an aggregate building located in the Jung-gu Incheon Metropolitan City.

(B) The above part of the plaintiffs' divided ownership is referred to as "each guest room of this case" (hereinafter referred to as "the above part").

From the end of 2015 to the end of 2017, the buyers of the instant hotel, including the Plaintiffs, entered into an entrusted management contract with the Defendant E (hereinafter “Defendant E”) at the same time as selling guest rooms from H Co., Ltd. (hereinafter “H”), which provides that Defendant E shall be entrusted with the operation of the hotel of this case, and shall perform the business during the period of entrustment (10 years from the date of commencement of the hotel business) (10 years from the date of commencement of the operation of the hotel business) and shall pay 8% of the sales revenue (the amount of money equivalent to the 8% of the sales revenue of the guest room, excluding the additional tax, for the first one year from the date of commencement of the operation of the hotel, monthly payment as final and conclusive profits, and mutual consultation thereafter) to the buyers (hereinafter “instant entrusted management contract”).

C. The instant hotel obtained approval for use on September 28, 2017, and H completed registration for the preservation of ownership in its name with respect to each sectional building of the instant hotel on October 24, 2017, and completed registration for the transfer of ownership with respect to each sectional unit of the instant hotel to the number of buyers of the instant hotel including the Plaintiffs from November 201 to December 2, 2017.

Defendant E, from November 2017 to November 201, occupied the hotel room of this case in accordance with the instant consignment management contract, but failed to pay a final profit to the buyer for one year.

Accordingly, the hotel management body of this case, composed of the instant hotel owners, including the plaintiffs, shall hold the general meeting of the management body on March 30, 2019 and make a final decision.

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