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(영문) 서울고등법원 2016.12.01 2016나2013442

업무방해금지 등

Text

1. Revocation of the first instance judgment.

2. The plaintiff's main claim is dismissed.

3.The ancillary.

Reasons

1. Basic facts

A. 1) Firet Korea Co., Ltd. is the aggregate building set forth in Gangseo-gu Seoul Metropolitan Government Act on the Ownership and Management of Aggregate Buildings consisting of 349 buildings in steel-based concrete structure apartment buildings, 9 buildings in support (sports) facilities, 75 buildings in neighborhood living facilities (hereinafter “Aggregate Buildings Act”).

hereinafter referred to as “instant building”

[2] The seller of the instant case is a company that newly built and sold the instant company (hereinafter “the seller of the instant company”).

(2) After obtaining approval for the use of the instant building from the seller of the instant building, the Defendant entered into a building management contract with the seller of the instant building on May 1, 2013 (hereinafter “the instant management contract”) with the terms that the Defendant was delegated to perform the management services of the instant building by the seller of the instant building, and that the Defendant would be paid the service fees. From May 1, 2013, the instant building management commences from May 1, 2013, and imposed and collected management expenses and contract expenses (hereinafter “management expenses”) on the sectional owners of the instant building on the basis of the sale area.

The details of the instant management contract are as follows.

(A) Article 3 (Contract Period). 1) From May 1, 2013 to April 30, 2016, Article 3 (Contract Period). In the event that a management body is formed and a new controlled entity is selected, the contract period shall be from the date on which the management body takes over the management affairs with the management body is completed. Article 4 (Contract Expenses and Other Expenses) Contract Expenses (1) shall be distributed according to the area of management by household, and the management expenses shall be imposed on each household in addition to the management expenses, and the details to be imposed shall be as follows:

- Management service costs: 9,570,000 won (including four major insurance, reserve funds, welfare expenses) - US, security and parking service costs: 32,943,240 won (including four major insurance, reserve funds, welfare expenses) - Management fees: Annual payment of KRW 15 (1,494,711 won, value-added tax separate, value-added tax, and the share of the seller of this case): 15,025.