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(영문) 서울동부지방법원 2020.04.23 2017가합113233
확정임대료 청구
Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

(b) 2,069,926,774 Won and 600,436

Reasons

1. Basic facts

A. The Plaintiff is a sectional owner who owns 70 guest rooms (referring to each real estate listed in the attached Form list; hereinafter “the Plaintiff’s respective guest rooms”) of the hotel located in Gangwon-do Seocho-si (hereinafter “the hotel in this case”). The Defendant is entrusted with the operation of the hotel in this case by the management body composed of sectional owners of the hotel in this case.

B. On July 18, 2017, the hotel management body of the instant case concluded a lease operation agreement with the Defendant established as an indirect investment by the owners of each guest room in accordance with the hotel management rules of the instant case and selected the Defendant as the operator of the instant hotel.

Since then, the defendant entered into a lease contract for each guest room in the form of obtaining signatures to confirm and approve the above lease operation contract to the sectional owners, but did not enter into a lease contract with the plaintiff.

Among the above management rules and the terms of the above lease operation agreement, the parts related to this case shall be as follows:

Article 3 (Definition of the Management Rules) 14. The term "regular operator" (hereinafter referred to as the "operator") means an operator who is selected by the Management Committee as an operator and enters into a lease contract with sectional owners, and has entered into an entrustment contract for the entrusted duties as stated in Chapter 12, only when the Management Committee passes a resolution.

Article 12 (Use and Lease of Section 2) (2) If a sectional owner leases his section of exclusive ownership, he shall lease it by entering into a lease contract with a regular operator selected by the management committee as legitimate procedures, and it shall be prohibited from entering into a contract with other operators than those selected by the management committee.

Article 1 (Purpose) (1) of the lease operation contract, this contract shall be efficiently managed and operated by the defendant by being entrusted with the leased operation object by the management body, and operating profits therefrom shall be distributed to sectional owners as rents.

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