주택관리업자 지위확인 등
All appeals by the defendant and incidental appeals by the plaintiff are dismissed.
Expenses for appeal shall be incidental to the defendant.
1. Grounds for this part of the basic facts are stated by the court of first instance.
1. Since part of the entry is the same, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. In a judgment on the primary claim, an abbreviation shall be governed by the first instance.
The reasoning of the judgment of the court of first instance is with the exception of any rejection or addition as follows.
2. Since part of the entry is the same, it shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The following is added between the 7th judgment of the first instance and the 2nd judgment and the 7th judgment:
Even if the termination of the instant case is voluntarily decided, Article 689(1) and (2) of the Civil Act merely merely provides a voluntary provision, and thus, the application of the said provision may be excluded or otherwise determined by the agreement of the parties. As long as the grounds for termination under Article 13(1) of the instant consignment management contract separately provide for the grounds for termination, the contract cannot be terminated without following the grounds and procedures for termination stipulated in the agreement. Therefore, the instant termination is null and void, and the instant consignment management contract is null and void, and the instant consignment management contract is deemed null and void. Accordingly, the instant consignment management contract is deemed null and void, as follows.
“A) Each party to a delegation contract of the relevant legal doctrine may terminate the delegation contract at any time without any special reason pursuant to Article 689(1) of the Civil Act. As such, even if one of the parties to a delegation contract expressed his/her intent to terminate the delegation contract on the grounds of nonperformance of obligation by the other party, but actually fails to meet the requirements for termination of the contract on the grounds of nonperformance of obligation, barring any special circumstance, such declaration of intent is recognized as a voluntary termination under Article 689(1) of the Civil Act (see, e.g., Supreme Court Decision 2012Da71411, Dec. 23, 2015).