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(영문) 서울중앙지방법원 2018.11.09 2018나45185
부당이득금반환
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous organization composed of occupants of Gangnam-gu Seoul Metropolitan Government A apartment (hereinafter “instant apartment”). The Defendant is a corporation established for the purpose of cleaning, security, labor, cargo transport, facility management services, etc.

B. On November 201, the Plaintiff entered into an entrustment management contract with the Defendant for the management of the instant apartment (hereinafter “instant management contract”) with the following terms and conditions.

In accordance with Article 42 (2) of the Housing Act, the plaintiff and the defendant shall enter into a contract for the entrustment management of multi-family housing as follows for the management of the plaintiff's multi-family housing, its incidental facilities and welfare facilities (hereinafter referred to as "multi-family housing, etc."):

Article 3 (Entrustment Management) Management affairs entrusted by the plaintiff to the defendant shall be as follows:

1. Affairs of the managing bodies provided for in each subparagraph of Article 55 (1) of the Enforcement Decree of the Housing Act and each subparagraph of Article 25 of the said Rule;

2. In addition to the affairs referred to in subparagraph 1, affairs that are separately determined by the management entity under the Housing Act, the Enforcement Decree of the Housing Act, and the Enforcement Rule of the same Act (hereinafter referred to as the "Housing Decree") (1) In addition to the affairs referred to in Article 3, the defendant may sub-contract the affairs recognized by the related Acts and subordinate statutes pursuant to the attached Table 5 of the Enforcement Decree of the Housing Act among the

(2) When the defendant intends to re-contract any specialized controlled entity with cleaning, guard, disinfection, elevator maintenance, etc., he/she shall obtain consent from the plaintiff.

Article 6 (Duty to Observe) The defendant shall manage the plaintiff's collective housing as a good manager while complying with the housing statutes, the statutes related to the management of collective housing, and the management rules of the plaintiff.

Article 7 (Price for Services) (1) The cost for services shall be KRW 6,853,00 (hereinafter referred to as "management cost") and the project undertaker of the management area under the subparagraphs of Article 58 (1) of the Enforcement Decree of the Housing Act.

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