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(영문) 제주지방법원 2019.11.28 2019가합10688
부동산 명도
Text

1. The defendant shall have the following real estate stated in the list of the attached real estate to the plaintiff (appointed parties) and the appointed parties.

Reasons

Basic Facts

The plaintiffs (appointed parties) and the designated parties (hereinafter collectively referred to as "the plaintiffs, and when they refer respectively to the plaintiffs, "each plaintiff") are sectional owners of each corresponding heading room in the attached Table C in the "D" (the accommodation facilities of the 2nd floor above the ground, the 8th floor above the ground; hereinafter referred to as "the aggregate building of this case") located in Jeju.

The period of contract for entrusted operation under Article 2 (Period of Validity of Contract) of the entrusted operation contract (No. 2) shall be five years from the date on which the real estate for this purpose starts after the transfer of ownership in the name of A (each plaintiff; hereinafter the same shall apply), and two months during the period of preparation for operation shall not be included in five years.

Article 4 (Payment of Fees) (1) The annual entrustment fees (referring to "profit") to be paid to A by entrusting the purpose real estate to be used by B (Defendant, hereinafter the same shall apply) shall be paid monthly after-payment on the basis of the sales amount (excluding value-added tax) acquired by A by selling real estate for the purpose.

B shall pay to A a commission fee of 8% (in preparation for the sale price) per annum for the one-year operating period as follows, and from the two-year operating period, it shall be decided through consultation with A and B:

(2) Section B shall pay an amount equivalent to 1/12 of the annual commission fee set forth in paragraph (1) of this Article as “monthly commission fee” in a separate financial account designated by Section A during the effective period of the contract by the tenth day per month.

Article 6 (Handling of Tax and Payment of Maintenance Expenses) (4) Payment of expenses for management, such as fire insurance premiums and expenses for players, imposed on the owner under the building management rules, shall be dealt with at the responsibility and charge of A

Provided, That during the term of validity of the contract under Article 2 above, the player management expenses and fire insurance premiums shall be deemed to have no burden on A.

Article 7 (Entrusted Operation and Management) (1) A shall consent to the conduct of entrusted operation and management pursuant to Article 1 of this Agreement for real estate entrusted by A for the purpose of entrustment.

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