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(영문) 수원지방법원 2015.12.29 2012가합19768
관리비반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Article 2 (Entrustment of Management Right Contract) ① (A) of the process in which the Defendant’s A management work is performed, “A” (hereinafter the same shall apply) shall entrust all of the management work of an aggregate building to a contracting party during the contract period under Article 13, such as the content of this Agreement.

(2) Where one of the parties has not notified the cancellation of a contract in writing 30 days before the end of the contract period, this contract shall be deemed automatically extended: Provided, That where there is any changed matter, the changed matter shall be deemed to be amended or inserted.

Article 13 (Period of Contract) The period of this Agreement shall be from May 1, 2008 to April 30, 2010.

Article 14 (Termination of Contract) Where any of the following grounds arises, A may terminate this Agreement:

1. Where a person causing serious damage to a sectional owner, etc. due to a cause attributable to B (referring to a "defendant"; hereinafter the same shall apply) concerning management expenses, etc.;

2. Where it is deemed difficult to continue the management affairs due to a cause attributable to the relevant person;

3. A’s judgment is required to correct and supplement the management affairs, etc. in writing three times or more as the same matters to B, but the Defendant is a corporation operating a building management business, etc. without any justifiable reason, and the Defendant is a building A in Yeongdeungpo-gu, Young-si (hereinafter “instant commercial building”) around April 28, 2008.

A. As to the A. B, the manager B; hereinafter referred to as the “instant prosperity”).

B) Between the parties, an entrustment contract for the management of a building with the following terms and conditions (hereinafter “instant entrustment contract”):

A) Around that time, the management of the instant commercial building has been carried out. (2) At the time, the main contents of the instant commercial building management rules are as follows.

Article 8 (Obligations, etc.) The occupant(s) shall perform the following obligations:

5. Maintenance expenses and long-term repair appropriations necessary for the maintenance and management of commercial buildings shall be borne monthly;

Article 17 (Managing Body).

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