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(영문) 수원지방법원 평택지원 2021.02.04 2020가합8083
건물
Text

1. The Defendant: (a) among the buildings listed in the Appendix 1, to Plaintiff B hotel management bodies; (b)

(a)attached 2 drawings 1, 2, 3.

Reasons

1. Basic facts

A. The Intervenor joining the Defendant (the appointed party; hereinafter referred to as the “ Intervenor”) newly constructed and sold the instant hotel (B hotel), which is an aggregate building with the fourth underground floor and the 16th floor above the ground, on the land of Pyeongtaek-si F and G. The Plaintiff and the Defendant sperm sold the pertinent real estate in attached Form 4 (hereinafter referred to as “the instant hotel room”) from the Intervenor in lots from the Intervenor, and acquire ownership in around 2017. The Plaintiff’s management body is a management body composed of the separate owners of the instant hotel, including the Plaintiff and the Line F.

B. In around 2015, the Plaintiff A and the prior sperm concluded an entrusted operation contract (management) with the content that they entrust the operation and management of the guest room to C Co., Ltd. (hereinafter “C”) and receive operating proceeds as set forth below from C (hereinafter “instant consignment contract”).

Article 4 [Payment of Operating Proceeds] ① Method of Payment of Operating Proceeds under the Entrustment Terms of C, Non-Final Profit Guarantee Period (excluding Value-Added Tax) 8% monthly payment (excluding Value-Added Tax) of the total amount of sale (excluding one year from the date two months have elapsed since the commencement date of operation) of the 8-month period (excluding Value-Added Tax), starting from the 10th day of the following month (the first and the last month shall be calculated and paid on the first and the last month), following the fixed profit Guarantee Period following the 10th day of the following month, counting from the 10th day of the following month (the 10th day of the following month).

(a) both parties and C shall renew each year by mutual agreement;

Provided, That the period of the entrusted operation contract (Article 2 and the real estate for the purpose shall be ten years from the date on which the operation commences after the transfer of ownership in the name of the two parties, and the two months from the commencement date of operation shall be included in the preparation period for operation.

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