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(영문) 전주지방법원 2016.10.27 2015구합2298

주택관리업자 경고처분 취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The time-dong regional housing association (hereinafter “instant association”) obtained authorization for the establishment of the association from the time-Eup/Myeon on January 6, 2012, and obtained the approval of the housing construction project on June 26, 2012, jointly with Yang & Yang Construction Co., Ltd., and obtained the approval of the housing construction project on July 10, 2014 for Yang & Yang apartment (hereinafter “instant apartment”).

B. On May 13, 2014, the Plaintiff entered into a collective housing management contract with the instant association, which is the business entity of the instant apartment, with the content of being entrusted with the management of the instant apartment (hereinafter “instant management contract”), and performed management affairs from July 10, 2014, which is the starting date of occupancy of the instant apartment.

On the other hand, the main contents of the instant management contract are as follows.

Article 2 (Entrustment Management) (1) Management affairs entrusted by the instant association to the Plaintiff are as follows:

1. Affairs of the managing body under the subparagraphs of Article 5 (1) of the Enforcement Decree of the Housing Act and the subparagraphs of Article 25 of the Rules;

2. In addition to the duties set forth in subparagraph 1, the Plaintiff shall observe the Housing Act, the Enforcement Decree of the same Act, and the Enforcement Rule of the same Act, the statutes related to the management of multi-family housing, etc., and the management rules of the instant association, as a good manager, manage multi-family housing, etc. of the instant association.

Article 8 (Imposition and Collection of Management Expenses, etc.) (1) Management expenses, user fees, long-term repair appropriations, etc. shall be imposed, collected and disbursed by the head of the management office in accordance with Article 45 (1) of the Housing Act, Article 58 of the Enforcement Decree of the Housing Act, and the management rules of the association

Article 11 (Payment of Entrustment Management Fee) The instant association shall pay to the Plaintiff the entrusted management fee of KRW 100,000 per additional tax per month.

Article 12 (Period of Contract) (1) Contract period shall be one year from the commencement date of occupancy.

Provided, That the council of occupants' representatives shall be organized.