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(영문) 수원지방법원 안산지원 2018.01.11 2017가합5843

업무방해금지

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The sectional owners, lessees, etc. of the C Commercial Building (hereinafter “instant commercial building”) listed in the attached Table 1 List of “C Management Body” under the Self-Governing Management Rules have established the self-Governing Management Rules (hereinafter “instant Rules”) around October 2004 (the main contents are as indicated in attached Table 2). According to the instant regulations, the “C Management Body” refers to a group of representatives of each floor of the occupants, who directly conduct business in each section of exclusive ownership, as sectional owners.

(Article I, Section 8). (b)

On March 31, 2010, the Plaintiff entered into an entrustment contract 1) on March 31, 2010, the “C Management Body” under the instant agreement (hereinafter “C Management Body of the Commercial Building”).

As to the instant commercial building, between November 25, 2010 and November 25, 2013, the management period of the instant commercial building is from November 25, 2010 to November 25, 2013, which the Plaintiff is engaged in the business of managing the instant commercial building, such as facility management, security service, and parking (hereinafter “instant first contract”).

(2) On November 27, 2013, the term of office of D, which was the president of the Commercial Building Management Body, of this case, was expired as of November 27, 2013. The above D did not notify the Plaintiff in writing as to the renewal of the above contract from November 25, 2013, which was determined as the expiration date of the management period of the contract of this case, and the contract of this case was renewed once pursuant to Article 6(1)1 of the contract of this case, and its maturity was extended until November 25, 2016.

C. On October 31, 2016, the former president of the management body of the commercial building of this case: (a) around February 25, 2014, D expressed his/her intention to resign under suspicion of embezzlement, etc.; and (b) thereafter, the controversy over who is the representative of the management body of the commercial building of this case has been raised, E convened a meeting of the representatives of each floor on August 26, 2015 and elected E as his/her duties on behalf of the president. (b) On October 31, 2016, E was the president of the management body of the commercial building of this case.