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(영문) 대전지방법원 2019.10.16 2018가합194

경비용역 계약해지 무효확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the party is a corporation established for the purpose of facility security business and special security business, and the defendant is an autonomous management organization composed of occupants of Daejeon Seo-gu B apartment (hereinafter referred to as "the apartment of this case").

B. On July 27, 2015, the Defendant entered into an entrustment management contract between the Defendant and C Co., Ltd. (hereinafter “C”) with respect to the management of the instant apartment, the term of the contract was set from August 1, 2015 to July 31, 2017, and entered into a collective housing management contract (hereinafter “instant entrustment management contract”).

The main contents of the entrusted management contract of this case are as follows.

The management affairs entrusted to B (referring to C; hereinafter the same shall apply) by A (referring to the defendant; hereinafter the same shall apply) shall be referred to as the following: < Amended by Presidential Decree No. 20342, Aug. 16, 2019>

1. Article 55 (Duties of Managing Body) (1) of the former Enforcement Decree of the Housing Act (wholly amended by Presidential Decree No. 27444, Aug. 11, 2016) under Article 55 (1) of the Enforcement Decree of the Housing Act (wholly amended by Presidential Decree No. 27444, Aug. 11, 2016)

In such cases, common areas of multi-family housing may be used to the necessary extent.

2. Guard, cleaning, disinfection and garbage disposal within the collective housing complex;

5. Enforcement of the matters determined by the management rules;

6. Execution of matters resolved by the council of occupants' representatives;

7. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and affairs of the management entity under the subparagraphs of Article 25 of the Rules.

2. In addition to the duties prescribed in subparagraph 1, matters prescribed by the Housing Act, the Enforcement Decree of the same Act, and the Enforcement Rule of the same Act (the head of the management office) ① The head of the management office assigned pursuant to Article 55 (1) of the Housing Act shall be deemed the agent of Eul.

Article 5 (Organization of Entrusted Management Organization) (1) A shall establish an entrusted management organization the head of the management office of which is the general manager in the management office of A.

(2)