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(영문) 울산지방법원 2015.01.14 2014가합16681
계약해지 무효 확인등 청구의소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are companies specializing in building facility management, apartment house management, facility security, and sanitary management services, and have been managing A apartment in Ulsan-gu, Ulsan-gu (hereinafter “instant apartment”). From May 8, 2009, the parties concerned have been specialized in building facility management, apartment house management, facility security, and sanitary management services.

The defendant is an organization composed of occupants for the management of the apartment of this case composed of 1,810 households as a whole.

B. The Plaintiff, on May 8, 2009, entered into a contract with the Defendant for the management of multi-family housing with respect to the instant apartment, prior to the contract for the management of the apartment of this case, has renewed the said contract on May 30, 201 and managed the instant apartment.

C. The Defendant, at a temporary meeting on February 19, 2013, made a decision to renew the entrustment management agreement with the Plaintiff that had been entrusted and managed with the instant apartment before the temporary meeting on May 31, 2013, which was concluded with the Defendant, by extending the entrustment management agreement with the scheduled expiration date for three years, and then, from February 19, 2013 to the same year.

2. By the end of 28. 10 days, the hearing period of opinions was set up, and if at least 1/10 of all occupants do not request in writing a change in the method of replacement or management of a housing management operator, a public announcement of the intent to re-contract with the consent of at least 2/3 of the defendant members was made (public notice

In the above notice, the opinion presented to the management office by hearing the opinion, stating that the submission of a certified copy of resident registration and an identification card for the confirmation of occupants, etc. was required, and the period of hearing the opinion was also specified and publicly announced as "from February 19, 2013 to February 28, 2013."

On February 28, 2013, a total of 194 households, including the submission of the written consent to the opposition to the private contract by the Defendant resident, including D, shall prepare a written consent to oppose the Defendant to enter into the private contract with the Plaintiff and the entrusted management company, and jointly sign the written consent to the opposition to the private contract.

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