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(영문) 서울중앙지방법원 2019.01.11 2017가단5162124

관리비

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact that there is no dispute with him/her;

A. A. Around August 2004, the Plaintiff, a company engaged in manpower security service business, building and housing management business, cleaning agency business, etc., concluded a management consignment agreement with D about the above building, which newly built a 2nd underground floor and 4th floor commercial building (hereinafter “instant building”) located in Songpa-gu Seoul, a condominium building, and entered into a contract with D about the management of the above building. ① The contract period shall be one year, but if one of the parties did not notify in writing his opposition to the extension of the contract period to the other party one month before the expiration of the contract period, the contract period shall be extended automatically for one year under the same condition. ② The Plaintiff received 8720,000 won per month as management expenses (service expenses) and agreed to separately settle actual expenses, such as other equipment and supplies, cleaning expenses, external wall cleaning expenses, water tank cleaning expenses, quarantine expenses, quarantine expenses, control expenses, maintenance

The Plaintiff, while managing the instant building under the above contract, completed the sale and occupancy of the sectional owners, and it is unclear whether the Plaintiff is comprised of the occupants of the instant building or the sectional owners, notwithstanding the name of the representative council of occupants of the E-building (the president of the representative), was formed. On October 18, 2006, the contract term between the above organization and the above organization from November 1, 2006 to October 31, 2008 was set at KRW 7,645,00 (excluding value-added tax) and the remaining matters were the same management consignment agreement as the previous.

While the Plaintiff was managing the instant building under the said contract, around January 2012, the term of the contract between “the council of occupants’ representatives of the E building” and “the council of occupants’ representatives of the E building” appears to have changed only the name. From January 1, 2012 to December 31, 2014, the term of the contract between “the council of occupants’ representatives of the E building” and “the council of occupants’ representatives of the E building” were 6.490,000 won per month, and the remaining matters were the same management consignment agreement as the previous.

B. The 1st floor H to I under the ground of the instant building is the case.