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(영문) 서울북부지방법원 2018.11.21 2017가합25509
건물명도(인도)
Text

1. The defendant,

A. As to the plaintiffs, each real estate listed in the separate sheet is handed over to the plaintiffs, and KRW 17,537,736.

Reasons

The Plaintiffs asserts to the effect that, as the judgment of the previous defense on the merits was not delegated by all sectional owners of each real estate listed in the separate sheet (hereinafter “the second floor of the commercial building of this case”) the right to enter into a lease agreement from all the sectional owners, the said right is unlawful as

On the other hand, the plaintiffs filed the lawsuit of this case in the status of a lessor of a lease agreement entered into with the defendant, not as the representative of a sectional owner, and the person who asserts the right to demand performance in a performance lawsuit has standing to sue. Therefore, the defendant's defense prior to the above merits is without merit.

Facts of recognition

Plaintiff

The status of the management body is the management body formed for the purpose of implementing the project on the management of buildings, sites, and attached facilities of D-ground reinforced concrete structure (refinite concrete roof) underground, 14th floor sales facilities (hereinafter “instant shopping building”) in Dongdaemun-gu Seoul Metropolitan Government pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Building Act”).

On April 8, 2016, the Plaintiffs and the Defendant concluded a lease agreement between the Plaintiff’s management body and the Defendant’s second floor E (hereinafter “instant lease agreement”) stipulating that the instant second floor is leased at the rate of 100,000,000 won, monthly rent of KRW 15,40,000 (including value-added tax), from July 30, 2016, from April 8, 2016 to April 7, 2016, with the overdue interest rate of KRW 20% per annum (hereinafter “instant lease agreement”).

The main contents of the instant lease agreement and the attached incidental agreement are as follows:

(1) A lessee shall pay 14,00,000 won (excluding value-added tax) to a lessor in a bank account separately designated by the lessor from July 30, 2016.

2. The monthly rent under this contract shall be attributable to the lessee.

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