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(영문) 서울중앙지방법원 2017.11.23 2017가합523479
소유권말소등기
Text

1. The defendant Korea Trust Co., Ltd. shall be listed in the separate sheet for the remaining plaintiffs except the plaintiff C.

Reasons

Basic Facts

A Co., Ltd. (hereinafter referred to as “A”) concluded a contract with E hotel on August 20, 2014 to entrust the management of the assets of the third to seventeen stories among the instant building and the seventeenth stories among the aggregate buildings of the seventh to the seventh to the underground floor (the general building was converted from the general building on August 4, 2003; hereinafter referred to as “instant building”) and to promote their respective guest rooms by changing the use of the third to the accommodation. On August 20, 2014, E hotel Co., Ltd and the instant building entered into a contract with E hotel to entrust the management of the third to seventeen stories among the instant buildings. In the process, E hotel entered into a contract with a buyer for the lease of the hotel rooms, at the same time, to entrust the operation of the hotel to F Co., Ltd., a specialized hotel operator.

Plaintiff

C을 제외한 나머지 원고들은 2014. 9.경 이후 A와 별지 원고 목록 ‘수분양 객실’란 기재 각 호탤객실에 관한 분양계약을 각 체결하는 한편, E호텔과 위와 같이 분양받은 호텔객실을 임대기간 10년으로 정하여 임대하기로 하는 내용의 임대차계약을 체결하였다.

A: (a) On April 15, 2015, the use of the foregoing part of the instant building was altered from “business or neighborhood living facilities” to “a lodging facility”; (b) on April 22, 2015, the portion of the above part was divided into several parts of exclusive ownership (each hotel) with the fourth floor from the fourth floor to the 17th floor; (c) on May 14, 2015, the portion of 745.05 square meters among the total 1,535.83 square meters on the third floor on the ground was changed to the first-class neighborhood living facilities (general restaurant), and on May 18, 2015, the use of the said part was changed to the first-class neighborhood living facilities (general restaurant), 302, 303, 305, 304, 306, 306, 306, 306, 306, 306, 46, 36, 4 (5).

A and Defendant Korea Trust Co., Ltd. are divided into the second floor from March 19, 2015 to the 17th floor from among the instant buildings.

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