logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.09.09 2016나2020600
용역비
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added at the trial is dismissed.

3. Appeal.

Reasons

1. Basic facts

A. The status of the party is a corporation with the objective of managing the housing and buildings, and the member of the Mobilizationland, Co., Ltd. (hereinafter referred to as the “colland”) is the owner and the seller of the building at the five underground floors located in Suwon-gu, Suwon-gu, 111, and the Madang Skikikiy Office Officetel (hereinafter referred to as the “instant building”) which are the 12th floor size above the ground, and the defendant is the management body established by the sectional owners of the instant building pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Building Act”).

B. On September 20, 2012, the Plaintiff entered into an entrusted management contract between the Plaintiff and the Mobilizationland with the term of contract “from September 20, 2012 to September 20, 2017” and “from September 20, 2017,” and the service cost “from September 20, 2012 to September 20,” and concluded an entrusted management contract with the Plaintiff to take charge of all the management affairs, including the imposition and collection of management expenses for the instant building. From that time, the Plaintiff occupied and managed the instant building. 2) On December 28, 2012, the Plaintiff entered into a contract with the Mobilizationland to change the service cost for the entrusted management contract to “30,272,000 won per month” (including value-added tax).

(hereinafter referred to as “instant management contract”) without asking before and after the amendment.

Around October 2014, 2014, 57 of the sectional owners of the instant building, among the sectional owners of the instant building 251, passed a resolution to convene a management body meeting with the subject of “the formation of the management body, the enactment of the management rules, and the election of the executive officers of the management body,” etc. Accordingly, on November 19, 2014, the management body meeting was convened and the Defendant was established as the management body. (2) On December 15, 2014, the Defendant notified the Plaintiff of the fact of the establishment of the management body, and recommended the Plaintiff to participate in the tendering procedure to select a new controlled entity on February 5, 2015.

3. The defendant is between the comprehensive management of the ship company on April 14, 2015.

arrow