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(영문) 서울중앙지방법원 2017.09.28 2017나21588
관리비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 9, 2014, the Plaintiff between C and C Housing Redevelopment Cooperatives (hereinafter “C Redevelopment Cooperatives”).

After the conclusion of the agreement deemed in the Paragraph, D(hereinafter referred to as “instant commercial building”) has been managed in Jung-gu Seoul. The Defendant is the lessee of the instant commercial building No. 2040.

B. Article 9(1) of the sales contract for the instant commercial building provides that “Before the completion of the construction of the instant commercial building, a redevelopment partnership and a construction company, a Si construction company, may select a manager after consultation, and several buyers shall organize and manage a commercial building autonomy management committee.” Article 9(4) of the sales contract provides that “The sectional owners are obliged to comply with the management regulations set by the C&A or the management regulations set by the Commercial Self-Governing Management Committee, which are established and operated after the completion of the construction.”

C. On April 14, 2008, upon consultation with the contractor on April 14, 2008, the C&A entered into a contract for contract management (hereinafter “instant contract management agreement”) with the non-party company F (hereinafter “non-party company”) on the imposition, collection, deposit, and use of management expenses for the instant commercial building, which shall be delegated to the non-party company (hereinafter “non-party company”) to the non-party company for the purpose of complying with the occupancy schedule and the salesroom occupants’ schedule and receiving completion for this purpose, and agreed on the contract term as follows.

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

2. If the C&N fails to give written notice to the non-party company of any objection to the extension of the contract term at least 60 days prior to the expiration of the contract term, this contract shall be automatically extended under the same conditions.

(4) Where the power of the C Redevelopment Association is transferred to a third party, the term of contract and the contract agreed between the C Redevelopment Association and the non-party company.

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