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(영문) 서울남부지방법원 2013.11.28 2011가합20622
약정금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The construction of N’s O building and the construction of the sale of non-party N Co., Ltd. (hereinafter “N”) constructed Q building (a scale is the 11st floor above the third floor above the ground, use is the business facilities, neighborhood living facilities, educational research and welfare facilities, and is included in the real estate registry; hereinafter “O building”) on the ground of the 126 households of the partitioned building in Seoul, Guro-gu. The registration of initial ownership is completed on April 18, 2006.

On the other hand, N entered into a sales contract with R on October 7, 2004 for the sale of an O building 3, 4,066.12 square meters (1,230 square meters) between R and R, and completed the registration of ownership transfer on July 19, 2006 with regard to the number of O buildings 301, 302, and 401, but Article 18 subparagraph 2 and Article 20 subparagraph 3 of the sales contract stipulate the following.

Article 18 (Building Management and Management Companies)

2. The managing body and management guidelines of a commercial building shall be formulated by a manager (management company) designated by the N or N for the revitalization of the commercial building after entering the commercial building in accordance with the building management regulations.

Article 20 (Other Matters)

3.R shall enter into an administrative agency contract with a third party designated by the N or N at the time of sales contract.

B. On May 30, 2007, the Plaintiff, who is engaged in the business of maintaining and managing facilities under the contract between the Plaintiff and R, entered into the FM management services contract (Evidence A 36) with the purport that the Plaintiff shall provide the Plaintiff with the building management services on the part of the total area of 20,385.01 square meters (6,146.4 square meters) and the part of the 1,230 square meters owned by R, and that R shall pay the Plaintiff KRW 11,070,000 per month (excluding value-added tax). The Plaintiff increased the contract amount on May 1, 2010 to KRW 15,990,00 (value-added tax separate) and entered into the FM management services contract (Evidence A 13) with the same content as before.

C. Meanwhile, between the Plaintiff and N, on June 22, 2007, the Plaintiff as to the part 6,106.4 square meters (20,385.01 square meters) of the total area of O building between N and N, and 4,919 square meters owned by the Plaintiff.

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