1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The facts of recognition

D During the process of the construction of a new-use officetel and neighborhood living facilities (hereinafter “the instant officetel”), D Co., Ltd. was under way to suspend the construction due to default. On May 31, 1994, the number of buyers of the instant officetels changed the name of the owner from the said company to the 95 number of buyers, and completed the registration of ownership preservation around December 7, 1994.

B. On December 15, 1994, the Plaintiff (the registration of incorporation on December 15, 1994) that was a company during the establishment entered into the instant management contract with 95 representative E, F, G, H, I, and I five persons (hereinafter “E, etc.”) for the following terms (hereinafter “instant management contract”).

In the instant officetel management contract: The owner E and 94 other than the owner of the said indication: (tentative name) Article 2 (Commencement of Management and Construction) Co., Ltd.

1.The starting date of management under this Agreement shall be December 10, 1994.

2. The term of a management contract shall be from December 10, 1994 to December 10, 1999.

3. After the expiration of the contract period, the contract period may be extended by an agreement between the representative of A and B on a two-year basis, and shall be automatically extended in the absence of a separate declaration of intention by both parties.

Article 3 (Scope of Management Affairs Entrusted by Plaintiffs)

1. Maintenance, management, guard, and cleaning of the instant officetels;

2. Collection of management expenses and payment of taxes and public charges by proxy;

3. Article 5 (Management Expenses) of the matters agreed upon with Gap with respect to the instant officetel.

1. The management expenses shall be imposed by allocating the sum of personnel expenses, public charges, heating and cooling expenses, expenses for repair and maintenance, insurance premiums and other amounts necessary for the management of buildings to the unit area ratio by unit area;

However, it does not include various taxes related to the officetel of this case, and Gap shall individually pay them.

2. If A fails to pay the management expenses, the date following the due date for payment.