임차보증금 등 반환청구
1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is dismissed.
3...
1. Basic facts
A. The L District Housing Redevelopment Association (hereinafter “SP”) is the executor and seller of the F building in Jung-gu Seoul Metropolitan Government (hereinafter “instant commercial building”).
On April 14, 2008, the non-party union entered into a management contract with M& Co., Ltd. (hereinafter “non-party company”) under which it delegates the imposition, collection, deposit, and use of management expenses for the instant commercial building (hereinafter “the management contract of this case”), and set the contract term as follows.
Article 11 (Term of Contract) (1) The term of contract shall be from April 15, 2008 to April 14, 201.
② In a case where the non-party partnership did not notify the non-party company in writing at least 60 days prior to the expiration of the contract term, this contract is automatically extended under the same conditions.
(4) Where the authority of the non-party union is transferred to a third party, the non-party union and the non-party company shall succeed to the rights and obligations under the contract term and the contract terms, and shall perform the management affairs in good faith
Provided, That where a management body is formed, ratification shall be obtained.
B. On April 14, 2011, the expiration date of the contract term of the instant management contract (the date of April 201), a commercial autonomy management committee established with the consent of more than a majority of the union members who divided the instant commercial building, expressed the intent to oppose the non-party union and the non-party company to continue managing the instant commercial building and to demand the convocation of a general meeting and the selection of a new management company.
C. Nevertheless, while a new management company was not selected, the non-party company suffered financial difficulties while continuing the management of the commercial building of this case, 26 employees belonging to the non-party company were members of the non-party company and organized the defendant, a non-corporate company company, on October 11, 2013.
May 26, 2014.