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1. The plaintiff's respective claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company whose main business is multi-family housing management.
The defendant B Housing Redevelopment and Improvement Project Association (hereinafter referred to as the "Defendant Association") is a project undertaker who constructs the C apartment located in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the "instant apartment"), and the council of occupants' representatives of the defendant C apartment (hereinafter referred to as the "council of occupants' representatives") is an organization consisting of occupants of the above apartment.
B. On December 20, 2016, in order to entrust the management of the instant apartment to the Plaintiff, the Defendant Cooperative entered into a consignment management contract with the Plaintiff on the following matters (hereinafter “instant consignment management contract”).
Article 2 (Entrustment Management) (1) Management affairs entrusted by the defendant association to the plaintiff shall be as follows:
1. Affairs of the managing bodies under each subparagraph of Article 63 (1) of the Multi-Family Housing Management Act and each subparagraph of Article 29 of the Enforcement Rule of the Multi-Family Housing Management Act
2. In addition to the affairs referred to in subparagraph 1, matters specified as the duties of the managing body under the Multi-Family Housing Management Act, the Enforcement Decree of the same Act, and the Enforcement Rule (referring to the period of contract and succession to employment). (1) The term of contract shall be from February 28, 2017 to February 27, 2018 (one year).
Provided, That the contract period may be changed on the basis of the occupancy date, and may be changed by the composition of the council of occupants' representatives.
Article 15 (Matters to be Approved by Project Undertaker) The head of the management office of the contracting party shall execute matters falling under any of the following subparagraphs after obtaining prior approval from the defendant association:
1. The actual terms of the contract on the budget (referring to the contract amount) and settlement of accounts: The monthly service fee: KRW 13,795,000 [the right to terminate the company (D]] 13,795,00 [the right to terminate the contract for the company (D]]. (1) If the provision of services is impossible due to any cause attributable to the “customer” or “occupant” on the starting date and the scheduled date of suspension and resumption of services, the “company” may demand the “customer” to cooperate for a considerable period of time, and then demand the “customer” to cooperate.