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(영문) 창원지방법원 2018.04.19 2017가합51887

주택관리업자지위확인 등

Text

1. The Defendant’s KRW 17,834,93 as well as the Plaintiff’s KRW 5% per annum from October 13, 2017 to April 19, 2018.

Reasons

1. Basic facts

A. On November 2016, the Defendant, as the council of occupants’ representatives of Kimhae-si A apartment (hereinafter “instant apartment”), selected one comprehensive management company (hereinafter “the comprehensive management”) as an entrusted management company of the instant apartment after undergoing a tender with the policeman on the mid-up November 2016, and entered into an entrusted management contract for the instant apartment on November 27, 2016.

Accordingly, the comprehensive management began from December 2016 to the entrusted management of the apartment of this case.

B. At the time, the representative of the Defendant was the president B, and there was a dispute between the vice president C (the president of the present Defendant’s representative). In that process, the Defendant notified the termination of the entrusted management contract on January 10, 2017 on the ground that C’s order for correction of Kimhae-si’s civil petition filing, etc., and entered into an entrusted management contract (hereinafter “instant entrusted management contract”) with the Plaintiff on January 18, 2017, selecting the Plaintiff as the entrusted management company of the instant apartment on the following day through retender procedure.

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

(hereinafter referred to as “A” in this Article means the defendant, “B” means the plaintiff), “A” in multi-family housing management contracts, and “A” in the contract for security and US-U.S. services, and “A” in Article 2 (Entrusted Management Services) (1) Management Services entrusted to B are as follows:

1. Affairs of other managing bodies under each subparagraph of Article 63 (1) of the Multi-Family Housing Management Act (hereinafter referred to as the "Act") and each subparagraph of Article 29 of the Rules;

2. In addition to the affairs referred to in subparagraph 1, matters prescribed by the Enforcement Decree of the Multi-Family Housing Management Act, the Enforcement Decree of the same Act, and the Enforcement Rule of the same Act (hereinafter referred to as the "Decree") as the affairs of the management entity.

Article 3 (Head of the Office of Management) (1) A shall place B under Article 64(1) of this Act.