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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. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 4, 13 through 16, Eul evidence Nos. 1, 2, and 4 through 8:
On December 9, 2014, the Plaintiff entered into an agreement with C&A (hereinafter referred to as “C&A”) and managed D (hereinafter referred to as “instant commercial building”) in Jung-gu, Seoul (hereinafter referred to as “instant commercial building”). The Defendant is a sectional owner of the instant commercial building A 1036-A.
B. Article 9(1) of the sales contract for the instant commercial building may, even prior to the completion of the construction of the instant commercial building, select a manager through consultation between the C&A and the P&A, a construction contractor, and thereafter, several buyers shall organize and manage a commercial building autonomy management committee. Article 9(4) of the sales contract for the instant commercial building provides that sectional owners are obliged to comply with the management regulations set by the C&A or the management regulations set by the C&A.
C. On April 14, 2008, upon consultation with the Si Construction Project on April 14, 2008, the C&A entered into a contract management agreement with the non-party company (hereinafter “non-party company”) on the imposition, collection, deposit, and use of the management expenses for the commercial building of this case to the non-party company (hereinafter “the contract management agreement of this case”) under which the non-party company delegates the business of imposing, collecting, depositing, and using the management expenses for the commercial building of this case to the non-party company (hereinafter “non-party company”) to comply with the occupancy schedule and the salesroom occupants (from April 30, 2008 to June 30, 2008) as agreed upon as follows.
Article 11 (Term of Contract) (1) The term of contract shall be from April 15, 2008 to April 14, 201.
④ In cases where the power of the C&N is transferred to a third party, the C&N and the non-party company agree.