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(영문) 서울중앙지방법원 2017.09.22 2017나10564
관리비
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 9, 2014, the Plaintiff entered into an agreement with C&A (hereinafter “C”) to view it as the following in the instant paragraph, and thereafter managed D-gu Seoul Central District Building (hereinafter “instant commercial building”). The Defendant is the sectional owner of the instant commercial building.

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 contractor on April 14, 2008 to comply with the occupancy and sale schedule (from April 30, 2008 to June 30, 2008) promised with the occupant and the occupant, the C&A entered into a contract with the non-party E (hereinafter “non-party E”) to impose, collect, deposit, and use management fees for the instant commercial building (hereinafter “instant contract management agreement”) with the content that the non-party E (i.e., the company changed its trade name to F., the company; hereinafter “non-party E”) delegated the business of imposing, collecting, depositing, and using the management fees for the instant commercial building to the non-party company (hereinafter “the instant contract management agreement”).

Article 11 (Term of Contract) (1) The term of contract shall be from April 15, 2008 to April 14, 201.

(4) Where the power of the C Redevelopment Partnership is transferred to a third party, the term of the contract agreed between the C Redevelopment Partnership and the non-party company shall succeed to the rights and obligations under the contract, and the management shall be conducted in good faith and trust in accordance

Provided, That where a management body is formed, ratification shall be obtained.

The contract management contract of this case.

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