집합건물관리인지위부존재확인
1. The defendant confirms that he does not have the status of a manager of the building listed in the attached list.
2. The costs of lawsuit shall be.
Facts of recognition
The buildings listed in the separate list related to the parties (hereinafter “the buildings in this case”) are the aggregate buildings divided into the sectional ownership of 940 households. The plaintiffs are part of the sectional owners of the buildings in this case, and the defendant is a company that performs the duties of “manager” as prescribed by the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”).
On August 19, 2004, the management body of the building of this case, where the defendant was appointed as the manager of the building of this case and the defendant was appointed as the manager of the building of this case.
The management body of the instant building was established in order to deliberate and decide on important matters. On September 2004, the management body of the instant building concluded a contract on consignment of building management with the Defendant for a fixed period of five years (one-year automatic extension after termination) from September 9, 2004 pursuant to Article 40 of the management body rules of the instant building.
Since that time, the Defendant performed the duties of the manager, such as the operation and cleaning of common areas of the instant building, and the imposition and collection of management fees.
Even after the lapse of five years from the period stipulated in the above consignment contract, the defendant continued to perform the duties of administrator. Around September 2017, the defendant entered into a contract with the management committee of the building of this case for a fixed period of two years from September 9, 2017, and again entered into the entrustment contract for the management of the building of this case. The defendant also performs the duties of administrator.
The contents of the Aggregate Buildings Act related to the appointment, term of office, etc. of a manager of the contents of the relevant Acts and regulations and the regulations of the management body of the building of this case are as follows
Article 24 (Appointment, etc. of Manager) of the Aggregate Buildings Act (amended by Act No. 11555, Dec. 18, 2012) is as follows.
Article 24 (Appointment, etc. of Manager) (1) When the number of sectional owners is at least ten, a manager shall be appointed.
(2)