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(영문) 서울북부지방법원 2012.06.07 2011가단15404

관리용역비

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of the lawsuit shall include the costs incurred by the supplementary participation.

Reasons

1. Facts of premise;

A. The Plaintiff is a corporation established for the management of H apartment commercial facilities (hereinafter “instant commercial buildings”), such as Seoul Special Metropolitan City, Nowon-gu, and the Defendant (Appointed Party), the remaining designated parties, and the Defendants are shop occupants and shop occupants.

(hereinafter referred to as “Defendants” for convenience). (b)

On September 27, 1990, the Plaintiff obtained a market establishment permit from the competent authority, and was designated as a market manager on December 5, 1990. On December 31, 1998, the Plaintiff continued to conduct the management of the instant commercial building by registering the superstore opening to the competent authority on December 31, 1998.

C. Meanwhile, around June 2010, I et al. organized the “J” and established the Intervenor joining the Defendant, a legal entity with the consent of 197 out of 240 shop occupants on August 25, 2010.

The intervenor reported the superstore manager to the head of Nowon-gu on February 15, 201 in the course of managing the commercial building of this case, separate from the plaintiff, such as the collection of management fees, and the head of Nowon-gu accepted this and confirmed the intervenor as the superstore manager.

E. On August 16, 2011, the Seoul Administrative Court rendered a judgment revoking the above disposition (201Guhap9836) on the grounds that the intervenor falls under a superstore manager, but did not undergo the hearing procedures against the plaintiff who is the previous superstore operator, and the above judgment became final and conclusive as it is.

(B) On the other hand, the Plaintiff filed a lawsuit against the Intervenor to confirm the existence of the right to manage commercial buildings (this court 2010 Gohap8895) but did not file an appeal against the Intervenor on September 30, 2011, and the said judgment became final and conclusive as it became final and conclusive.

[Reasons for Recognition]: Facts without dispute, Gap 1, 2, Eul 1, 2, Eul 1, 2, 4, 5 (including above numbers), and the purport of the whole pleadings

2. The Defendants’ determination on the instant safety defense shall be based on the Plaintiff’s management expenses without the right to manage the commercial building.