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(영문) 서울중앙지방법원 2018.10.18 2017가단5241522
임대차보증금
Text

1. The plaintiffs' claims against the defendant (appointed parties) and the designated parties are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Facts of recognition;

A. On July 6, 2006, the Plaintiffs entered into a management agency contract with D (hereinafter “instant company”) to manage and operate the above parking lot on the responsibility of the Plaintiffs with respect to the parking lot of 3, 4, and 5 stories underground (hereinafter “instant parking lot”) among the Yeongdeungpo-gu Seoul E- shopping mall (hereinafter “instant building”), and to pay deposit KRW 100 million to the said company.

(hereinafter referred to as the "instant agency contract". (b)

On April 22, 2009, F, which was the representative director of the instant company, was sentenced to imprisonment with prison labor for one year and six months for the crime of embezzlement, such as embezzlement of KRW 100 million received from the Plaintiffs on April 22, 2009 under the instant management agency contract, while on duty for the sectional owners of the instant building. The F’s embezzlement of deposit in the F’s criminal facts became final and conclusive as is on January 28, 2010 through appeal and final appeal.

C. Meanwhile, the sectional owners of the second or eighth or upper floor of the instant building established the E-Commercial Building Management Body (hereinafter “E-Commercial Building Management Body”) on March 9, 2008, and enacted the articles of association and elected G as the president.

On March 21, 2009, the commercial management body approved the membership of the sectional owners of the 9th to the 15th floor on the ground at the general meeting of the representatives of the commercial management body, and decided to change the name of the commercial management body to the "E shopping mall management body".

Since August 2008, the management body of commercial buildings demanded the Plaintiffs to transfer the operating rights, etc. of the instant parking lot, and around May 2009, the management delegation contract was concluded with H and then sent a certificate of content that requires the removal from the said parking lot.

Accordingly, on June 12, 2009, the Plaintiffs newly concluded a contract on management delegation of the instant parking lot with the president G of the said shopping management body by setting the contract performance guarantee amount of KRW 50 million and the contract term of KRW 24 months.

(e)the defendant and the defendant;

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