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(영문) 의정부지방법원고양지원 2016.11.18 2015가단83173
위수탁 관리수수료 등 청구의 소
Text

1. The Defendant’s KRW 70,887,112 as well as the Plaintiff’s KRW 20% per annum from August 4, 2015 to September 30, 2015.

Reasons

1. Basic facts

A. The plaintiff is a corporation specialized in housing management, and the defendant is the council of occupants' representatives comprised of the occupants of the A apartment located in Yongsan-gu, Yongsan-gu (hereinafter "the apartment of this case").

B. The 4th unit members (the president, the representative of each Dong, etc.) reported to the Gyeonggi-gu Office on February 14, 2014 after holding an election for the representative of the 4th unit from January 13, 2014 to July 17, 2014 as the term of office of the members of the 3th unit unit members of the 4th unit unit unit of the apartment building of this case expires.

(2) On March 4, 2014, the Yongsan-gu Office rejected the above report on the ground that the above election did not take a visiting vote without the participation of the election management committee members, and violated Article 33 of the Election Commission Regulations, and that the election management members allocated at the time of visiting voting by each building was not decided as a meeting of the election management committee.

C. On January 31, 2014, the fourth unit council of occupants' representatives of the instant apartment building (hereinafter referred to as "fourth unit council of occupants' representatives") which was composed of representatives from each Dong elected through an election, filed a lawsuit against the head of the 4th unit of Dong-dong, seeking revocation of the return disposition on the formation report of the council of occupants' representatives. The court of first instance dismissed the said claim on April 21, 2015, and the said judgment was appealed by the council of occupants' representatives, but the said judgment became final and conclusive as dismissal. Meanwhile, the conclusion of the entrustment management contract with the Plaintiff and the fourth unit council of occupants' representatives was concluded (1) while the term of entrustment contract with the non-management company entrusted with the management contract of the instant apartment building was expired on December 31, 2014, and the fourth unit council of occupants' representatives decided to select the Plaintiff as the controlled entity on December 29, 2014 between the Plaintiff and the Plaintiff.

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