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(영문) 의정부지방법원 고양지원 2018.08.10 2017가단79253
건물명도(인도)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

In fact, the organization of the management body of this case and the indication of "one unit building" in the attached list of real estate delegated by the sectional owners as stated in the "D E-dong Commercial Building (hereinafter "the commercial building of this case") were automatically organized by the D E-dong management body (hereinafter "the management body of this case") pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act").

Article 42 of the instant management body’s bylaws provides for “the basic policy on the management of buildings and the operation of commercial buildings” and “matters concerning the designation, modification, etc. of the management body” as the matters subject to deliberation by the representative board’s meeting.

Around 2013, the sectional owners of the instant commercial building delegated their respective rights to lease and operate the instant commercial building to the instant management body. Accordingly, the instant management body, as a lessor, has concluded a direct lease contract with each lessee of the instant commercial building.

At the time of March 7, 2014, F, who was the manager of the instant management body, as of March 7, 2014, established G Co., Ltd. (hereinafter “instant company”), and was appointed as the representative director of the instant company.

On December 15, 2015, the instant company entered into a lease agreement with the Plaintiff on the entire commercial building of this case, setting the lease amount of KRW 100 million from March 1, 2016 to February 28, 2021 (hereinafter “lease agreement between the Plaintiff and the instant company”), and around that time, delivered the entire commercial building of this case to the Plaintiff.

On February 15, 2016, the Plaintiff entered into the instant sub-lease contract with Defendant B, and “the first floor H and I et al. of the instant commercial building” is “the divided store of this case.”

with respect to the period from March 1, 2016 to February 28, 2018, the deposit amount of KRW 10 million, and KRW 3 million per month of rent (the payment on March 30 and value-added tax shall be set aside separately.

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