관리계약유효확인의 소
1. The request for intervention by an independent party intervenor shall be rejected;
2. The plaintiff's claim is dismissed.
3. Of the costs of lawsuit.
1. Basic facts
A. The Plaintiff is a company established to engage in the management business of multi-family housing, etc., and is an entity that has performed the management business of the Gosung-si A apartment (hereinafter “instant apartment”) from around 2014 to June 30, 2017, and the Defendant is an autonomous organization comprised of the representatives of buildings in the instant apartment.
B. On June 7, 2017, the Defendant made a resolution on June 7, 2017 that “the Plaintiff’s entrusted management terminated as of June 30, 2017” at the fourth unit council of occupants’ representatives of the instant apartment, with the agreement that “the Plaintiff and the instant apartment management re-contract for the entrusted management of the instant apartment.” (2) On June 13, 2017, the Defendant distributed a written statement seeking the hearing of opinions on the conclusion of the re-entrusted management contract with the Plaintiff to each Dong roads of the instant apartment, both housing managers belonging to the Plaintiff and the head of the management office of the instant apartment, at the initiative of C, who is the head of the management office of the instant apartment, and publicly announced on the occupant’s bulletin that the submission period for the re-entrusted management contract with the Plaintiff was until June 19, 2017”
3) On June 22, 2017, the Plaintiff is an entrustment contract with the Defendant on the management of the instant apartment, its incidental facilities, and welfare facilities (hereinafter “instant entrustment contract”).
B entered into a private contract in the form of a private contract.
(c) Where a housing management operator whose contract period has expired pursuant to Article 7 of the Multi-Family Housing Management Act and Article 5 of the Enforcement Decree of the same Act intends to select a housing management operator, whose contract period has expired, as a management entity by free contract, he/she shall hear the opinions of all occupants, etc. in accordance with the procedures prescribed by the management rules, and not less than 1/10 of all occupants, etc. shall raise an objection in writing, and at least 2/3 of the members of the council of occupants' representatives shall not raise an objection in writing, and at least 1/10 of all occupants, etc. shall not raise an