부당해고구제재심판정취소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit, including the part resulting from the supplementary participation, are all assessed against the Plaintiff.
1. Details of the decision on retrial;
A. D Co., Ltd. (hereinafter referred to as “D”) is a project undertaker of a new apartment (hereinafter referred to as “instant apartment”) and E Co., Ltd. (hereinafter referred to as “E”) is a company that employs approximately 1,000 full-time workers and conducts a multi-family housing management business. C Co., Ltd. (hereinafter referred to as “C”) is a company that employs approximately 2,00 workers on a regular basis and conducts a facility maintenance business. The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) is an organization organized for the management of multi-family housing on behalf of the instant apartment occupants.
B. On March 14, 2017, D entered into an entrustment management contract for multi-family housing (hereinafter “instant entrustment management contract”) with the following contents for the management of the instant apartment.
D and E shall entrust E with the management of multi-family housing, its incidental facilities and welfare facilities (hereinafter referred to as "objects subject to management") to be managed by D pursuant to Article 11 of the Multi-Family Housing Management Act, and E shall accept them and agree to comply with relevant Acts and subordinate statutes and manage them as a good manager in accordance with the good faith and good faith principle, and enter into a contract as follows:
Article 3 (Entrusted Management Affairs) D Management Affairs to be Entrusted to E shall be as follows:
(1) The duties of management entities prescribed in Article 63 (1) of the Enforcement Decree of the Multi-Family Housing Management Act (hereinafter referred to as the "Decree") and subparagraphs of Article 29 of the Enforcement Rule of the Multi-Family Housing Management Act.
Article 5 (Head of the Management Office) (1) The head of the management office where E places in the multi-family housing of D under Article 54 (1) of the Act shall be deemed the agent of E.
Article 7 (Composition of Entrusted Management Organization) (1) E shall be the management office of D with the entrusted management organization whose general manager is the head of the management office.