(영문) 인천지방법원부천지원 2016.03.11 2015가합102162

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(영문) 인천지방법원부천지원 2016.03.11 2015가합102162

임시총회결의무효확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In the case of the defendant's status, the A-Type apartment factory building located in Ocheon-gu B (hereinafter "the building of this case") is an aggregate building consisting of 11 households and 1,196 households, and the defendant is a management body established automatically by consisting of all sectional owners of the building of this case pursuant to Article 23 (1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act").

B. (1) On November 7, 2007, the Plaintiff entered into a building management service contract with C, a company implementing the instant building, and managed the instant building. On December 23, 2009, November 28, 201, and November 26, 2013, the Plaintiff again entered into a building management service contract (hereinafter “instant management contract”) with the Defendant (the president D at the time of representative) on November 26, 201, and the main contents relating to the said building management service contract are as follows.

Article 2 (Contract Period of Building Management Services)

1. The period of contract for management affairs under this Agreement is from January 1, 2014 to December 31, 2015 (24 months). However, when the Plaintiff’s grounds for disqualification falling under Article 19 of this Agreement arise, the Defendant may request the Plaintiff to terminate the contract.

Article 3 (Contract Amount) The contract amount shall be KRW 150,000,000 per month (excluding value-added tax) and shall be paid at the request of the plaintiff at the end of the relevant month.

Article 13 (Management Organization and Personnel)

1. The plaintiff shall establish a management organization and obtain prior written approval for technical human resources and equipment from the defendant.

4. Where the Defendant instructs the Plaintiff to conduct a new project, the Plaintiff may claim a separate service fee for the new employee who will manage the new project.

Article 15 (Approval and Matters to be Reported)

2.Matters to be reported: the following matters shall be reported to the defendant periodically and occasionally:

참조조문

-집합건물의 소유 및 관리에 관한 법률 제23조 제1항

유사 판례

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