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(영문) 서울고등법원(인천) 2020.06.05 2019나13023
관리용역인 지위 확인
Text

1. All of the appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim and the conjunctive claims added by this court.

Reasons

1. The reasoning of the judgment of the court of first instance, such as accepting the judgment of the court of first instance, is that the plaintiff and the defendant added or emphasized the plaintiff and the defendant concerning the main claim and the counterclaim, except for the determination of addition as set forth in the following paragraph 2, and therefore, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In addition, with respect to the conjunctive claims added by the plaintiff to this court, the following Paragraph 3 shall apply.

2. Judgment on the main claim and additional claim for counterclaim

A. The summary of the plaintiff's assertion is specified in the attached Table 4 of the management rules as to the defendant's management rules (Evidence A2). C is the defendant's manager elected through the "written resolution," which is not a simple seller, and C entered into the management entrustment agreement in the status of the defendant's manager pursuant to Article 35 (3) of the management rules. As such, the above contract is valid, and the meeting of this case held without going through C, which is a legitimate manager, has procedural defects. Thus, the resolution at the meeting of this case to terminate the management entrustment agreement of this case is null and void.

Therefore, the plaintiff still is the defendant's management service provider.

Furthermore, the resolution to appoint E as the Defendant’s custodian is null and void due to the procedural defect in the assembly of this case. Thus, the Defendant’s counterclaim claim is unlawful as a lawsuit by a person who is not a legitimate custodian. Even if a family is lawful, the Plaintiff, who entered into the management consignment agreement with C, a legitimate custodian, has no right to file a claim for withdrawal, etc., and

B. As determined in the first instance court, as determined in the judgment, Article 2 of the Addenda of the Management Rules to the Management Rules shall be first determined as the manager as of December 1, 2010, and C shall be given the function and role as the manager, and the term of office shall be given to C on November 30, 2013.

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