(영문) 부산지방법원 2015.10.27 2015가단30660

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(영문) 부산지방법원 2015.10.27 2015가단30660

건물명도등

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a sectional owner of the real estate indicated in the separate sheet (hereinafter “instant store”) among the D shop located in Busan Northern-gu and three lots of land (hereinafter “instant building”).

B. The building of this case was opened as a shopping mall around April 2008, and the business depression of the shopping mall continued to increase the damages of sectional owners.

Accordingly, E, which is the executor of the construction project of the instant building (hereinafter “E”), had the Defendant’s “E” located in the instant building to revitalize the business district.

C. On March 11, 2010, the sectional owners of the instant building, including the Plaintiff, concluded a blanket lease agreement with the Defendant regarding the instant building store (hereinafter “instant lease agreement”) as follows.

[Main Contents of the instant lease agreement]

1. The sectional owners of the instant building delegated all the rights (including the settlement portion of the security deposit and rent) of the sectional owners to the mistake, and the sectional owners confirmed that all the agreements and consultations, including the mistake and the defendant, are specifically known to the sectional owners and have a direct effect on the sectional owners.

2. The matters pertaining to the conclusion of this Agreement and all legal and factual issues pertaining to the subject matter of this Agreement shall be consulted with the Defendant only by mistake, and the sectional owners, who are the owners of each subject matter of this lease (or persons who have legitimate authority to lease), may not directly consult with or file a claim against the Defendant for any and all issues relating to this Agreement (such as payment of the lease deposit, rent, etc.), and further sectional owners shall not directly file a lawsuit or objection against the Defendant.

3. All sectional owners and the fixed defendant, including the sectional owners in Article 2 of this Agreement.

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