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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. The Defendant, as the council of occupants’ representatives of Daegu Northern-gu B (hereinafter “instant apartment”), concluded an entrustment management agreement with the Plaintiff on April 24, 2014 on the instant apartment (hereinafter “instant management agreement”), and agreed that the term of the contract was three years from the date the Plaintiff acquired the right to manage the instant apartment from the Korea Land and Housing Corporation (hereinafter “LH Corporation”).
B. After the conclusion of the instant management contract, the procedure for acquiring the management authority of the instant apartment is delayed. On January 31, 2017, the Plaintiff received the management authority and management authority of the instant apartment from LH Corporation.
C. Meanwhile, around March 22, 2017, the Defendant held a regular meeting and decided to change the term of the instant management contract to “by August 31, 2018.” Around that time, the Defendant entered into a contract under which the term of the instant management contract was changed to “from March 1, 2017 to August 31, 2018 (1st and six months)” (hereinafter “instant modified contract”).
The Defendant held a regular meeting on May 17, 2018 and decided to extend the contract term of the instant management contract from September 1, 2018 to August 31, 2019 (one year). However, the Defendant failed to conclude an extension contract because it did not reach an agreement on the matters of special agreement, etc. with the Plaintiff.
E. On October 12, 2018, the Defendant convened an extraordinary meeting and decided to re-elect an outsourced management company without concluding an extension contract with the Plaintiff, and notified the Plaintiff of his/her intention not to extend the contract term of the management contract on October 19, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6, 9, 11, 16 through 20, Eul evidence No. 1, and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. Although the gist of the Plaintiff’s assertion entered into the instant amendment contract with the Defendant that reduces the contract term of the instant management contract, the said amendment contract is deemed to be null and void.