관리비
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The Plaintiff is an organization that has been managing the D Building in Jung-gu, Seoul (hereinafter “instant commercial building”) after concluding an agreement with C district Housing Redevelopment Association (hereinafter “C Redevelopment Association”) on December 9, 2014, as seen below. The Defendant is the lessee of the instant commercial building AB block 2038 and 2039.
Article 9(1) of the sales contract for the instant commercial building provides that “Before the completion of the construction of the instant commercial building, a redevelopment partnership and a construction company, a Si construction company, may select a manager, and after the completion of the construction, several buyers shall organize and manage the autonomous management committee for commercial buildings.” Article 9(4) of the sales contract provides that “The sectional owners are obliged to comply with the management regulations set by the C&A or the management regulations set by the autonomous management committee for commercial buildings, which are established and operated after the completion of the construction.
Article 11 (Term of Contract) (1) The term of contract of the commercial building of this case shall be from April 15, 2008 to April 14, 201.
2. If Party A (Creat Development Cooperatives) fails to notify in writing Party B (A) of his/her objection to the extension of the contract term by 60 days before the expiration of this contract term, this contract shall be automatically extended under the same conditions.
(4) Where the power of the C Redevelopment Cooperative is transferred to a third party, the term of the contract agreed upon between A and B shall succeed to the rights and obligations under the contract and shall be legitimate, and the management duties shall be performed in good faith and trust in accordance
Provided, That where a management body is formed, ratification shall be obtained.
C. On April 14, 2008, after consultation with the construction company on April 14, 2008, the redevelopment partnership has changed the trade name of the non-party corporation, Mosck Co., Ltd. (hereinafter “the non-party corporation”) with the non-party corporation to impose, collect, deposit, and use the management fee for the commercial buildings of this case.