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(영문) 수원지방법원 2019.11.14 2019나68237
건물명도(인도)
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

(b).

Reasons

1. Basic facts

A. On February 22, 2018, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) was a business entity that implemented E-building (approval of use; hereinafter “instant multi-family housing”) comprised of 299 households on the 5th and the 19th floor above the 5th ground surface of Pyeongtaek-si D and 6th underground, and was not a council of occupants’ representatives with respect to the instant multi-family housing with at least 150 years of age and where an elevator was installed. On February 22, 2018, Plaintiff A Co., Ltd. (hereinafter “Plaintiff”) entered into an entrustment contract with the Defendant for the management of the instant multi-family housing facilities (hereinafter “instant entrustment contract”). The main contents are as follows.

On the other hand, the plaintiff B, the representative director of the plaintiff company of the 22 apartment units of this case, holds the right to use common areas, such as the indication of drawings (a) and (b), and the right as co-owner, and entrusts management affairs to Eul (the plaintiff company) by Article 3 (Entrustment Management Affairs) A (the defendant company) are as follows:

1. Management of housing under each subparagraph of Article 55 (1) of the Enforcement Decree of the Housing Act and each subparagraph of Article 31 of the said Rule; and

2. In addition to the duties referred to in subparagraph 1, the head of the management office that places a multi-family housing of Article 5 (Agency Authority of the head of the management office) under the provisions of Article 55 of the Housing Act shall be deemed the representative of Section 5.

Article 10 (Management of Joint Names of Management Expenses, etc.) A, when it intends to deposit and manage the deposit of management expenses, etc. in the name of the head of the management office and the public Dong pursuant to Article 58 (7) of the Enforcement Decree of the Housing Act, shall request in writing to B, and where an accounting accident, etc. occurs in the joint checking book, A shall be liable.

Article 11 (Provision of Management Offices, etc.)

1. B shall gratuitously use the following facilities, etc. for the entrusted management of collective housing:

1) Common areas of multi-family housing 2) Incidental facilities and welfare facilities jointly owned by occupants such as management offices.

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