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(영문) 인천지방법원 2016.12.23 2016가합56164
지위확인의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company established around 1996 for the purpose of “housing (joint) management and service business.”

Article 2 (Entrustment Management) (1) Management affairs entrusted by the defendant to the plaintiff shall be as follows:

1. Affairs related to the management authority under the subparagraphs of Article 5 (1) of the Enforcement Decree of the Housing Act (hereinafter referred to as the "Decree") and the subparagraphs of Article 25 of the Rules;

2. In addition to the duties prescribed in subparagraph 1, the matters prescribed by the Housing Act (hereinafter referred to as the “Act”), the Enforcement Decree and the Enforcement Rule of the Housing Act (hereinafter referred to as the “Decree”) shall comply with the Housing Act and subordinate statutes related to the management of multi-family housing, etc. (hereinafter referred to as the “related Acts and subordinate statutes”) and the Defendant’s management rules, and shall manage the Defendant’s multi-family housing as a good manager

Article 5 (Organization of Entrusted Management Organization) (1) The Plaintiff shall establish an entrusted management organization whose head of the management office is the general manager in the Defendant’s management office.

(2) The entrusted management organization shall consist of a total of 19 persons, who may be recruited in consultation with the plaintiff and the defendant.

Article 11 (Payment of Entrustment Management Fees) The Defendant shall pay to the Plaintiff each month the entrusted management fees of KRW 1,227,140 (VAT Do).

Article 12 (Period of Contract) (1) The term of this contract shall be from April 1, 2014 to March 31, 2017 (three years).

(2) Where the management entity changes, the employee of the plaintiff working at the management office may succeed to the employment of the new management entity in order to continue the management of multi-family housing.

Article 13 (Termination of Contracts) (1) The plaintiff and the defendant may terminate the contract in any of the following cases, and may claim damages for such termination:

1. When the plaintiff prepares and submits false documents concerning his/her financial status, housing managers, technical human resources, equipment, etc.;

2. When the plaintiff entered into a contract by illegal acts, such as offering money and valuables.

3. The Plaintiff’s business is entirely or partially cancelled.

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