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(영문) 서울중앙지방법원 2017.01.19 2016가합532902
건물인도
Text

1. Defendant E and the Defendant-Counterclaim Plaintiff F are real estate listed in the attached Table 1 list to Plaintiff (Counterclaim Defendant).

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be a same;

A. The Plaintiffs are sectional owners holding each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”), and G Co., Ltd. (hereinafter “G”) is a company that is entrusted with the management by other sectional owners of the instant building, including the Plaintiffs, of the Seoul Jung-gu I ground building, and operates the “J” in the said building (hereinafter “instant hotel”). The Defendants are currently possessing the instant real estate after concluding a separate consignment management agreement with G.

B. During the period from 2010 to 2015, the Plaintiffs entered into a real estate management consignment lease agreement (hereinafter “instant real estate management consignment agreement”) with the content that G shall manage and operate the entire building of the instant hotel and pay proceeds, etc. to the Plaintiffs. The main contents are as follows.

A: The purpose of this case’s hotel (general terms and conditions of contract) Article 1(a) of the General Terms and Conditions of Contracts is to obtain the entrusted fees by operating the instant hotel (general terms and conditions of contract) as a medium and long-term stay accommodation or hotel for domestic foreigners, etc. under the delegation of “A” and “A” as a long-term stable profit, and “B” is to acquire the entrusted fees.

Article 3 (Maintenance and Management) “B” shall maintain and manage the main building in consultation with “A” in a manner suitable for the operation of a hotel, and obtain the prior consent of “A” and ex post facto consent when a ground for change arises.

Article 4 (Duty of Care and Due Care)

1. The term “B” performs its duty as a good manager in managing the building in question.

2. “B” must endeavor to benefit from “A” and may engage in activities for the benefit of “A” annually.

Article 6 (Operation and Management of “Main Building”)

1. The obligations of “B” are as follows:

(1) Asset management services, such as cleaning, prevention of epidemics, repair, and expenses, for “main building” (2) guests.

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