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(영문) 인천지방법원 2018.08.22 2017가단212759
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of premise;

A. B Co., Ltd. (hereinafter “B”) on July 24, 2015

A) On the ground of the Bupyeong-gu Incheon Bupyeong-gu, Incheon, the term “instant aggregate building” (hereinafter referred to as “instant aggregate building”).

A) A new construction and sale was made in lots. B: (a) a seller of an aggregate building must manage the building, site, and attached facilities with the care of a good manager until the management body commences (Commencement) pursuant to Article 23(1). A seller of an aggregate building has entered into a management contract with D and has managed the instant aggregate building with the care of a good manager. (b) B (representative) (E), D, and the Plaintiff entered into a management contract with D on July 24, 2015; and (c) a contract management agreement with the Plaintiff (hereinafter “the first management contract”) with the terms that the management of the instant aggregate building was to be completed from August 1, 2015 by succession to D’s status.

The term of the above management contract is until December 31, 2016, and the management committee is organized under the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the "Aggregate Buildings Act") during that period, the period is determined to be able to be adjusted.

B. On December 13, 2015 and February 29, 2016, according to the minutes of the management body meeting of the instant aggregate building on December 13, 2015, the Plaintiff approved that the Plaintiff becomes the management entity of the instant aggregate building according to the minutes of the management body meeting of the instant aggregate building. (ii) On February 29, 2016, the Ftel/Urban Housing Management Committee concluded a contract for contract management (hereinafter “the secondary management contract”) with the Plaintiff by setting the period for the instant aggregate building from March 1, 2016 to February 28, 2019.

C. On July 31, 2016, the Defendant, on July 31, 2016, notified the resolution of the managing body’s meeting and the termination of the management contract, shall be the temporary managing body’s meeting (hereinafter “the first managing body’s meeting”) with the following items: (a) the appointment of management directors; (b) the appointment of executive officers; (c) the termination of

A meeting was held.

3.2

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