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(영문) 서울중앙지방법원 2020.09.09 2019가단5128555
손해배상(기)
Text

The plaintiff (appointed party)'s claim is dismissed.

Litigation costs shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. Both the Plaintiffs and the Defendants are persons registered as owners of each partitioned building located in the third floor of the building in Gwanak-gu in Seoul Special Metropolitan City (hereinafter referred to as the “third floor of the shopping mall”), and Defendant B is the third floor F of the shopping mall and Defendant D is the owners of the third floor shopping mall G of the third floor of the shopping mall.

(hereinafter referred to as the “instant real estate”) real estate registered as owned by the Defendants. B

The three floors of shopping malls are not leased for five years after completion, and they are almost public offices since 2013, so their owners have suffered big economic difficulties such as management expenses of 120,000 won per month and individual loan interest.

Accordingly, the H management body (hereinafter “management body”) demanded that the management body proceed to lease the entire three floors of shopping malls in the form of a lump sum lease on September 9, 2012 or around 2013, and Defendant B issued each power of delegation (hereinafter “each power of delegation”) to the management body on April 24, 2013, and issued each power of delegation to the management body (hereinafter “each of the instant powers of delegation”). The main contents of the management body were that “the 110 owners, other than the Defendants, submitted all the power of delegation),” stating that “the 1......, delegate all the overall authority related to the lease management for the management of the third floor as a sectional owner, including the following duties, to the management body for the management of the third floor as a lump sum lease.”

3. The work of selecting a lessee and terminating a contract is printed as "the work of selecting a lessee".

However, the defendant D is entitled to a special agreement on the delegation of powers (as required) 1. monthly rent of 400,000 won

2. When the lease is not available, it shall be null and void.

3. A certificate of the personal seal impression may be submitted at the time of lease (time of lease). Defendant B submitted to the management body a written consent to the change of the purpose of use to “second class neighborhood facilities” on February 2, 2013.

C. The management body receives a proposal for short-term lease on the three entire shopping malls from I, who is a clothing seller, from November 1, 2013 to December 31, 2013, and receives a proposal for short-term lease on the three entire shopping malls as of October 29, 2013.

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