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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Defendants, the Defendant (Appointed Party), and the designated parties (hereinafter “Defendants”) for convenience.
) The real estate listed in the separate sheet (hereinafter referred to as the “instant aggregate building”) shall be
) P Co., Ltd. (hereinafter referred to as “seller”) as the seller;
(2) Of the contents of the sales contract concluded with the seller, part of the instant aggregate building is purchased from the buyer and completed the registration of ownership transfer thereof, the owner of the instant aggregate building is the owner of the instant aggregate building.
However, “A” refers to the Defendants who sell the goods to “B”.
Article 10 (Family Management and Operation) (1) The operation and management of a commercial building and parking lot shall be managed by the Commercial Building Management Committee on its own, and "B" shall constitute the Commercial Building Management Committee and have the rights and obligations to join as its members.
Provided, That the manager designated by A shall manage the store equivalent to 2/3 of the number of stores in the commercial building until the store is opened, and the management expenses shall be borne by B after the expiration date of the ownership transfer registration under Article 6 (1) and (3).
B. 1) The Plaintiff, a company operating a general facility management business, etc., signed a contract with the seller on April 12, 2016, under which the Plaintiff manages the instant aggregate building from the seller, and the Plaintiff receives a contract for the collection of management expenses (hereinafter “instant entrusted management contract”).
(2) Of the content of the instant consignment management contract, the part relating to the instant case is as follows.
Article 2 (Opening Contract Period): The contract period after completion: The contract period: the formation of a management body formed with the consent of at least 70% of the sectional owners of the instant condominium building from October 1, 2016 to the conclusion of a contract with a new management company after concluding a contract.
(c)in this case;