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(영문) 부산지방법원 2016.05.11 2013가단53980
감가상각충당금 반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s status, etc. 1) The 7th underground floor and the 30th B hotel above ground in Busan Shipping Daegu A (hereinafter “instant hotel”).

A) On July 14, 2006, an underground floor is a parking lot, a ground 1,2, and a hotel with the fourth floor above the ground as well as a hotel with the rest of 5 to 30 floors, and a stud hotel with the rest of 5 to 30 floors, which is an aggregate building in which each sectional owner owns each guest room because the total guest rooms were sold individually. 2) An urban community corporation with the owner of the instant hotel (hereinafter referred to as “urban community”) has filed a report on the business of accommodation with 416 households of the hotel of this case with the head of the Maritime Transportation Authority on July 14, 2006, and completed the registration of the preservation of ownership of the hotel of this case on the 24th of the same month.

3) Since then, each of the heads of households, including the plaintiffs, was sold in lots each of the hotel rooms of this case. B. The defendant and the defendant (the former two names: Co., Ltd. before the modification; hereinafter "the defendant") were the pilot construction of the hotel of this case. When the owner of the building could not pay the construction price to the defendant, the city design was to be the owner of the building on September 21, 2009, under the agreement with the defendant, the defendant Co., Ltd., Co., Ltd., Ltd., the subsidiary company of the defendant on September 21, 2009 (hereinafter "Cop&C").

2) On the other hand, in August 2009, the owners of the instant hotel, including the Plaintiffs, concluded the instant hotel assets operation and management delegation contract (hereinafter “instant hotel operation contract”) with the Defendant on the basis of the terms “from July 1, 2009 to June 30, 2012” (hereinafter “instant hotel operation contract”).

The term “A” refers to the owner of the instant hotel’s divided ownership in the instant hotel’s agreement for operating and delegating the management of the hotel’s assets, and the Defendant (Coul global), an entrusted management company, refers to “B” and conclude a consignment agreement for operating and managing the entrusted real estate assets as follows.

§ 1.

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