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(영문) 서울중앙지방법원 2019.11.08 2019나18357
관리비 등 청구의 소
Text

1. Of the part against Defendant B in the judgment of the court of first instance, the plaintiff who falls under any of the following amount ordered to be paid.

Reasons

1. Basic facts

A. The F Housing Redevelopment Association (hereinafter “FF”) concluded a sales contract with the seller of the G building in Jung-gu Seoul Metropolitan Government (hereinafter “instant commercial building”). The buyer and the buyer entered into the sales contract stating that “after the completion of the instant commercial building, the buyer and the buyer may manage the instant commercial building, but the Nonparty Union may select a manager in consultation with the contractor before the completion of the construction.”

B. Accordingly, on April 14, 2008, prior to the completion date of the instant commercial building ( April 28, 2008), the non-party union entered into a contract management agreement on the instant commercial building management (hereinafter “instant contract management agreement”) with H Co., Ltd. (hereinafter “I”). The main contents are that the contract period is from April 15, 2008 to April 14, 201, but the contract period is from April 15, 2008 to April 14, 201, if the non-party union did not notify the opposing intent to extend the contract period, the contract period is automatically extended under the same condition, and if the authority of the non-party union is transferred to a third party, the rights and obligations under the instant contract management agreement shall be succeeded, and if the management body is formed, the content of the contract shall be ratified.

C. Around October 1, 2013, when I continued to manage the instant commercial building in accordance with the instant contract, due to the financial difficulties of around 2013, I organized the J, a non-corporate group (hereinafter “non-corporate group”) around October 1, 2013, and thereafter, the non-party organization managed the instant commercial building with I Do.

On December 9, 2014, the non-party association performed the business of managing commercial buildings, including the imposition and collection of management fees, in accordance with the contract of this case between the non-party organization and the non-party organization. If the actual organization of the non-party management body of this case is formed, the non-party organization shall transfer all the business of managing the commercial buildings to the actual organization of the management body.

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