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(영문) 부산지방법원 2014.10.15 2014가합4678
대표회의결의무효확인 등
Text

1. Of the instant lawsuit, the part regarding the confirmation of invalidity of the housing management contract concluded between the Defendants on March 25, 2014.

Reasons

1. Basic facts

A. The relationship (1) between the parties (hereinafter "the defendant's representative council") is an organization composed of the Dong representatives of 24,510 households of the 24-dong, Busan Jin-gu C apartment, Busan (hereinafter "the apartment of this case"), and the plaintiff A is the representative of the 215 unit of the apartment of this case and the auditor of the defendant's representative council, and the plaintiff B is the 213 unit representative of the 213 unit of the apartment of this case.

(2) Around 2011, Defendant AD Co., Ltd. (hereinafter “Defendant Co., Ltd”) entered into an entrustment management contract with the Defendant Co., Ltd. to perform management work, such as the management of the instant apartment and the collection of expenses, and managed the instant apartment. The said contract was expected to expire on March 31, 2014.

B. The content of the laws and regulations related to the method of managing apartment in this case and the management rules of the apartment in this case are as follows.

Article 43 (Managing Body, etc.) (1) A project operator who has constructed multi-family housing prescribed by Presidential Decree shall manage the multi-family housing until a majority of prospective occupants occupy the multi-family housing, and where a majority of prospective occupants occupy the multi-family housing, he/she shall notify the occupants of such fact and request the management of

(2) Residents shall autonomously manage a collective housing falling under paragraph (1) pursuant to paragraph (4), or manage it by entrusting a housing management operator under Article 53 with the management thereof.

(3) Upon receipt of a request under paragraph (1), an occupant shall organize a council of occupants' representatives within three months from the date he/she receives such request, and determine management methods of the relevant collective housing (where a housing management operator selects management methods by entrusting a housing management operator, including the selection of the relevant housing management operator).

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