(영문) 인천지방법원 2019.05.31 2018가합57277

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(영문) 인천지방법원 2019.05.31 2018가합57277

주택관리업자 지위확인 등

Text

1. The Defendant’s KRW 21,511,078 with respect to the Plaintiff and KRW 6% per annum from July 24, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of housing management business, etc., and the Defendant is an autonomous deliberative body that consists of occupants for the management of the Bupyeong-gu Incheon Bupyeong-gu B apartment (hereinafter “instant apartment”).

B. On December 6, 2010, the Plaintiff entered into an entrustment management contract with the Defendant and the Defendant for the first time extended the contract between two and three years after entering into the entrustment management contract with respect to the instant apartment, and on November 17, 2017, the term of the contract with the Defendant was fixed from December 16, 2017 to December 15, 2020 (hereinafter “instant entrustment management contract”), and the main contents of the contract are as follows.

Article 3 (Head of the Management Office) (1) The defendant shall be deemed the head of the management office that the plaintiff places pursuant to Article 64 (1) of the Act (hereinafter referred to as the "head of the management office").

Article 4 (Duty to Observe) The Plaintiff shall manage the Defendant’s collective housing, etc. with due care as a good manager while complying with the statutes related to the management of the Multi-Family Housing Management Act, the Decree of the Multi-Family Housing Management Act, and the management rules

Article 11 (Payment of Entrustment Management Fees) The defendant shall pay to the plaintiff each month the entrusted management fees of 663,262 (Additional Tax).

Article 12 (Period of Contract) (1) The term of this contract shall be from December 16, 2017 to December 15, 2020 (three years).

Article 13 (Cancellation of Contracts) (1) The defendant and the plaintiff may terminate the contract in any of the following cases, and may claim damages for such termination:

1. When the plaintiff prepares and submits false documents concerning his/her financial status, housing managers, technical human resources, equipment, etc.;

2. When the plaintiff entered into a contract by illegal acts, such as offering money and valuables.

3. The plaintiff is subject to the cancellation of registration or the suspension of all or part of the business (limited to the plaintiff's collective housing).

참조조문

-공동주택관리법

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