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(영문) 서울남부지방법원 2017.10.26 2016가합2872
약정금 등
Text

1. The defendant

(a) deliver the parking lots listed in the attached list;

B. From September 26, 2016, the above-mentioned A

subsection (b).

Reasons

The Basic Fact-finding Council of Parties is a management body under the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the "Aggregate Buildings Act") comprised of sectional owners of Yeongdeungpo-gu Seoul Metropolitan Government D Commercial Building (hereinafter referred to as the "instant commercial building") (hereinafter referred to as the "management body").

The Defendant is a company entrusted with the management of the instant commercial building by the management body, and the Plaintiff is a company established for the purpose of managing and operating a parking lot listed in the attached Table (hereinafter “instant parking lot”).

The general meeting and the special meeting of the management committee of the shopping district market improvement project promotion committee of this case (hereinafter referred to as the “promotion committee”) was held on September 8, 2005, and the above special meeting passed the separate management of the parking lot of this case and the approval of the distribution of surplus earnings in the above special meeting.

On November 23, 2006, the head of Yeongdeungpo-gu approved the establishment of the promotion committee, and on March 29, 2007, the special general meeting of the resident general meeting and the management committee was held.

The Residents' General Assembly approved the self-regulation (Operating Rules) of the Promotion Committee, and in the special meeting, the agenda that "the committee delegates the promotion committee to manage the instant parking lot separately, and the parking revenues agree to use the parking revenues as funds for the operation of the market improvement project."

Since then, the Plaintiff was established on December 20, 201 and was in charge of managing and operating the instant parking lot from that time, and the promotion committee held the first meeting in February 16, 2012 and completed a resolution on the approval for establishment and the recommendation of directors.

On September 25, 2014, the plaintiff and the defendant entered into a parking management consignment agreement between the plaintiff and the defendant, which shall entrust the management of the parking lot of this case to the defendant and the defendant shall pay the expenses for the management of the parking lot of this case to the plaintiff and the expenses for the protection of shop occupants.

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