위ㆍ수탁관리계약 해지 무효 확인의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. A. A party relationship (1) The Defendant is the managing body that resolves and executes matters concerning the maintenance and management of apartment houses, its site, welfare facilities, and auxiliary facilities of the Seocho-gu Busan Metropolitan City B apartment (hereinafter “instant apartment”), and the Plaintiff is the company established for the purpose of security service business, sanitary management service business, housing management service business, etc.
(2) On January 3, 2013, the Plaintiff and the Defendant entered into a contract with the Defendant to entrust the Plaintiff with the management of the instant apartment, its incidental facilities and welfare facilities (hereinafter “instant entrustment contract”). The contract period was from January 10, 2013 to January 9, 2016, and the monthly entrusted management fee was KRW 701,80 (including value-added tax). In relation to the termination of the contract, the instant consignment contract form is written as follows:
Article 2 (Entrusted Management Affairs) (1) Management affairs entrusted by A (Defendant, hereinafter referred to as “A”) to B (Plaintiff, hereinafter referred to as “B”) shall be as follows:
1. Pursuant to Articles 55 (1) and 55 (1) of the Enforcement Decree of the Housing Act, the managing body shall perform the following duties:
6. Affairs of the managing body under each subparagraph of the matters resolved by the council of occupants' representatives and each subparagraph of Article 24 (Termination of Contracts) (1) A and B may terminate the contract in any of the following cases, and may claim damages therefrom:
4. When Gap or Eul has failed to perform the contract without any special reason. (2) Where Gap and Eul intend to cancel the contract pursuant to paragraph (1), they shall notify the other party of the details thereof in writing 30 days before the termination of the contract.
B. (1) On October 15, 2013, the Defendant selected the building industry as a stock company by means of the minimum competitive bid for the repair and re-building construction of the apartment of this case. The occupant of the apartment of this case (No. 110 Dong 1701 C) on October 21, 2013.