beta
(영문) 인천지방법원부천지원 2016.03.11 2015가합102445

임시동대표회의결의무효확인

Text

1. The plaintiff's lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. A management body and the defendant's status are an aggregate building consisting of 11 households and 11,196 households in total.

Under Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), there is a management body established automatically by consisting of all sectional owners of the building of this case (hereinafter “management body of this case”), and there is a defendant composed of representatives of each building of this case.

B. As to the instant building, the Plaintiff entered into a contract for building management services with the instant managing body (i) on November 7, 2007, and the Plaintiff entered into a new contract for building management services with the managing body on December 23, 2009; (ii) November 28, 201; and (iii) November 26, 2013; and (iv) on November 26, 2013, the instant managing body (the president B at the time the said contract for building management services was combined) and the building management services contract (hereinafter referred to as the “instant management contract”). On November 26, 2013, the main contents relating to the self management contract are as follows.

Article 2 (Contract Period of Building Management Services)

1. The period of contract for management affairs under this Agreement is from January 1, 2014 to December 31, 2015 (24 months). However, in the event that the Plaintiff’s grounds for disqualification falling under Article 19 of this Agreement arise, the instant management body may request the Plaintiff to terminate the contract.

Article 3 (Contract Amount) The contract amount shall be KRW 150,000,000 per month (excluding value-added tax) and shall be paid at the request of the plaintiff at the end of the relevant month.

Article 13 (Management Organization and Personnel)

1. The plaintiff shall establish a management organization to obtain prior approval from the management body of this case for technical human resources and equipment.

4. Where the instant management body instructs the Plaintiff to undertake a new project, it is about the new position to manage the new project.