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(영문) 수원지방법원 2014.10.02 2013가합11082
관리용역계약부존재확인
Text

1. There is no management service contract between the Plaintiff and the Defendant regarding the building listed in the attached Table 1 list.

Reasons

1. A building listed in the separate sheet No. 1 (hereinafter “instant building”) is an aggregate building of the total of 323 households constructed on the ground level 5 underground and 14 stories above the ground level in Suwon-si, Suwon-si. The Plaintiff is a management body of the instant building composed of the entire sectional owners of the instant building under the Act on the Ownership and Management of Aggregate Buildings (Amended by Act No. 11555, Dec. 18, 2012; hereinafter “Building Act”), and the Defendant is a company with the aim of building management business, etc.

On July 27, 2007, at the Plaintiff’s temporary assembly (hereinafter “the first assembly of this case”) convened by C, the Plaintiff passed a resolution to select C as the Plaintiff’s chairperson (trustee).

The minutes of the first meeting of this case (hereinafter referred to as the "Minutes of this case") at the time stated that the 19 of the total 175 members of the sectional owners of the building of this case directly attended, 73 members delegated the exercise of voting rights, and 92 members (52.5% of the total number of the 175 members of the sectional owners of the building of this case were present, and 91 members (52% of the total number of members of the management body of this case) agreed that C was passed.

In addition, the “A’s signature signed by the persons directly attending the first assembly of this case” (No. 11) includes a signature written by 19 persons, such as D, E, F, G, and H, which appears to have been written by 19 persons.

C On August 1, 2007, the Plaintiff signed a building management service contract (hereinafter “the first management service contract”) with the Defendant, setting the contract period from August 1, 2007 to July 31, 2010 as the officetel’s KRW 2,900 per square day, commercial building’s KRW 3,300 per square day, and each building management service contract (hereinafter “the first management service contract”).

After that, the termination of the contract term of the first management services contract is multilateral, C, as the representative of the plaintiff on July 25, 2010, and B, as in the same manner, between the defendant and the defendant, the officetel is KRW 2,900 per ordinary month, and the officetel is KRW 2,90 per ordinary month.

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