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(영문) 청주지방법원 2016.11.22 2015가단12611
관리비
Text

1. The Defendant shall pay to the Intervenor succeeding to the Plaintiff the full amount of KRW 134,204,200 and KRW 114,564,780 from April 6, 2016.

Reasons

1. Basic facts

A. In around 2002, Gisan Co., Ltd. constructed and sold to the general public the commercial buildings of the fourth and nine stories above the fourth and the fourth stories above the ground (hereinafter “instant commercial buildings”).

B. Around 2004, the Defendant entered into a lease agreement with the 7th floor (7069) and 7101 (hereinafter “7101 commercial buildings”), 8th floor (802, 8101, and 9101 (hereinafter “instant lease agreement”) among the instant commercial buildings, and operated a film theater in the said commercial buildings. The instant lease agreement continued to be renewed thereafter, and it was finally renewed between the 10,000 won of the lease deposit and the 10,000 won of the lease term from April 1, 2013 to March 31, 2018.

C. Until the beginning of 2014, the Defendant used the commercial building No. 7101 as a film theater’s ticket, and the commercial building No. 7069 as a place waiting for motion picture theaters to put up for tickets, but the film museum’s ticket is moving to the eightth floor of the commercial building of this case, and the commercial building No. 7069 and 7101 is not used.

On the other hand, the defendant did not pay management expenses for commercial buildings in 7069 and 7101, and the defendant's unpaid management expenses are as follows.

The sum of the unpaid management fees imposed for the unpaid period of commercial buildings from May 1, 2014 to February 109, 4066, 7069 to February 17, 2016, 109,046,440,470,0401,526,660, 660 128,043, 1407101 until December 5, 2014, from December 5, 2016 to February 5, 2016, 518,340, 564, 780, 035, 601, 603, 603, 134, 204, 2004, 206

E. The instant commercial building constitutes a superstore as prescribed by the Distribution Industry Development Act. A around December 15, 2014, around December 15, 2014, the Plaintiff (hereinafter “Plaintiff”) was designated as a superstore manager of the instant commercial building pursuant to Article 12 of the Distribution Industry Development Act, and the status of the superstore manager was newly granted every six months with the consent of 1/2 or more of the shop occupants of the instant commercial building.

F. The Plaintiff’s succeeding intervenor continues the instant lawsuit.

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