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(영문) 서울중앙지방법원 2017.09.28 2017나33116
관리비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 9, 2014, the Plaintiff entered into an agreement with CHousing Redevelopment Association (hereinafter “C Redevelopment Association”) as seen below, and thereafter managed D Buildings in Jung-gu Seoul (hereinafter “instant commercial building”). The Defendant is the owner of the instant commercial building Ablue 1130-A.

Article 11 (Term of Contract) (1) The term of contract shall be from April 15, 2008 to April 14, 201.

2. If the C&N fails to give written notice to the non-party company of any objection to the extension of the contract term at least 60 days prior to the expiration of the contract term, this contract shall be automatically extended under the same conditions.

(4) Where the power of the C Redevelopment Partnership is transferred to a third party, the term of the contract agreed between the C Redevelopment Partnership and the non-party company shall succeed to the rights and obligations under the contract, and the management shall be conducted in good faith and trust in accordance

Provided, That where a management body is formed, ratification shall be obtained.

B. On April 14, 2008, upon consultation with the construction company on April 14, 2008, C&A entered into a contract management agreement (hereinafter “instant contract management agreement”) with the non-party parent company (hereinafter “non-party company”) on the imposition, collection, deposit, and use of management fees for the instant commercial building, which delegates the non-party company to the non-party company for the imposition, collection, deposit, and use of management fees for the instant commercial building (hereinafter “the instant contract management agreement”), and agreed as follows.

C. On December 22, 2010, the Trade Autonomy Management Committee (the Chairperson E) established with the consent of more than a majority of the union members who divided the instant commercial building, which was the date the contract term expires ( April 14, 201) of the instant contract management agreement (the expiration date) shall be two months prior to the expiration date of the contract, since the C&A opposed to the management of the instant commercial building by a non-party company of more than half of the members.

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