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(영문) 인천지방법원 2020.07.17 2019가합56806
임대료 등
Text

1. The defendant,

A. Attached Table 1’s “Plaintiff” column 1, 8, and 20’s number of pages 1, 8, and 20 in the annexed Table 3’s number of pages.

Reasons

1. Basic facts

A. The plaintiff and the designated parties (hereinafter "the plaintiff et al.") are sectional owners with respect to each of the pertinent real estate listed in the column for "the section for exclusive use" in the attached Table 2 of the attached Table 2 among the buildings D located in Nam-gu Incheon Metropolitan City (hereinafter "the hotel of this case"). The defendant entered into a lease management and operation entrustment agreement (hereinafter "the entrustment agreement of this case") with respect to each of the units of this case, and the persons who comprehensively succeed to the contractual status thereof.

B. The main contents of the instant consignment contract are as follows, and the date of commencement of the instant consignment contract (in the case of the Plaintiff and the remaining designated parties, the date of payment of the rent operation revenue) or the date of commencement of the instant consignment contract, which is three months after the date of payment of the instant consignment contract, which is the base date for which the Plaintiff, etc. may receive the profit from lease operation from the Defendant pursuant to the consignment contract of this case, is as follows.

1) Article 2 (Period of Rental Operation Contract) ① The period of the lease operation contract for Nos. 1, 8, 20 winners 1, 20 (Period of Lease Operation) refers to the period from three months after the date on which the approval for the use of a hotel was granted to the end of five years after the lapse of three months after the date of the approval for the use of the hotel. ② Notwithstanding paragraph (1) above, the following day from the actual payment date of the D hotel supply contract is the starting date of lease operation (payment base date), notwithstanding the payment of remainder before the due date, the following day from the contractual date under the supply contract (payment base date) shall be the starting date of lease operation (payment base date), regardless of the payment of remainder.

In addition, the plaintiff et al. shall complete the registration of ownership transfer under the name of the plaintiff et al. before the commencement of this contract.

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