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(영문) 서울남부지방법원 2019.12.17 2019가단223567
관리비
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

H commercial buildings (hereinafter “instant commercial building”) are composed of a total of 50 stores in Namyang-si, the position of the parties, and the Defendants are the sectional owners of the instant commercial building, and the Plaintiff is the company with the objective of building management business, etc.

1) The H shopping mall’s management and dispute resolution 1) The H shopping mall’s management and dispute resolution 1) is an organization established by a part of the sectional owners of the instant shopping mall (hereinafter “H shopping mall’s management”).

around June 13, 2009, I Co., Ltd. (hereinafter referred to as “I”)

(2) On August 25, 2011, the management body’s representative meeting was established by holding an extraordinary general meeting on the part of the sectional owners of the instant commercial building and elected J as the representative. On September 201, the management body’s representative meeting concluded a contract with K Co., Ltd. (hereinafter “K”) under the terms of entrusting the management of the instant commercial building and notified I of the termination of the said entrustment contract.

3) On August 23, 2012, some sectional owners of the instant commercial building held a meeting of emergency countermeasures and elected L as the representative, and on September 10, 2012, established a new management rules at the extraordinary general meeting of the council of occupants’ representatives (management body). Thereafter, around May 20, 2013, M convened the general meeting of May 28, 2013 as “the acting president of the council of the H management body,” and elected the representative of the management body at the above general meeting. 4) M signed a management services contract for the management of the instant commercial building with the Plaintiff under the name of the representative of the management body (hereinafter “instant contract”). On March 2, 2017, M notified the Plaintiff of the termination of the management services contract.

The representative meeting, etc. of the first managing body, etc. in the past of the relevant case, against the H shopping mall, etc., a resolution that the said H shopping mall selected I as the manager of the instant shopping mall is nonexistent or null and void.

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