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(영문) 부산지방법원 동부지원 2017.01.20 2014가합3602
부당이득금반환
Text

1. As to the Plaintiff KRW 198,341,89 and KRW 100,00,00 among them, the Defendant shall start on December 3, 2013, and the remainder of KRW 98,341.

Reasons

1. Facts of recognition;

(a) In the case of E hotel located in Busan, Busan, Daegu D (the 7th, the 30th above ground) where most underground floors are parking lots, the 1 to 3th above ground are used as neighborhood living facilities (the 50th above floor), and the 4th above ground (the 2nd above floor) as hotel offices and restaurants;

The hotel type service has been provided from the 5th to 30th floor, and the total guest room 416 rooms are multi-unit buildings in which each sectional owner has divided ownership by selling 416 guest rooms to the hotel with convenience facilities, such as living rooms, washing rooms, and kitchens, in the guest room.

(The total sectional owners are 468 persons, hereinafter referred to as the “instant building”). (b)

On July 14, 2006, the land owner of the building of this case (hereinafter referred to as the “Urban Area”) reported the business of accommodation business with 416 entire guest rooms among the building of this case to the shipping authority, and completed the registration of ownership preservation on July 24, 2006.

C. When the city was unable to pay the construction cost of the building of this case to F Co., Ltd. (hereinafter “F”), the city was transferred on September 21, 2009 the status of F Co., Ltd. (hereinafter “B”) as its subsidiary company and the status of the managing body of the building of this case.

B After completing the report of succession to the status of a lodging business operator on September 22, 2009, each sectional owner entered into an asset operation and management delegation contract with each sectional owner as of June 30, 2012, and the management of the whole accommodation and the building of this case for 416 guest rooms.

E. 1) On the expiration of the period of a contract for asset management and management delegation between B and sectional owners, the Plaintiff, among the 416 households divided owners of the hotel hotel of the instant building, with 187 households among the 416 households, and a contract for asset management and entrustment (hereinafter “instant asset management and entrustment contract”).

(A) Around July 1, 2012, an “G hotel business” is being conducted in the guest room that entered into an agreement on the operation and entrustment of the above assets from around July 1, 2012.

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