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(영문) 울산지방법원 2016.12.21 2016가합20233
계약부존재확인 등
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Based on the facts, the Plaintiff, the council of occupants’ representatives of A apartment located in Ulsan-gun, Ulsan-gun (hereinafter “instant apartment”), entered into a contract with the Defendant on February 21, 2013 on consignment of the management of multi-family housing, and entered into again the same contract (hereinafter “instant contract”) with the term of contract from January 1, 2015 to December 31, 2017, setting the term of contract from January 1, 2015 to December 31, 2017.

According to the contract of this case, the plaintiff shall pay to the defendant the sum of KRW 300,000,000 for monthly accounting management expenses and other management services expenses of KRW 300,000 (including value-added tax).

On April 2015, No. 2-1 of A, as the Plaintiff’s president, D, 105 representatives, E, 104 representatives, F, etc. were elected, and the executive branch (hereinafter “former executive branch”) was organized for the distinction between the executive branch elected by election as of January 6, 2016. On December 10, 2015, the election commission of the instant apartment was composed of F, members G, H, and I. A. The election commission of the instant apartment.

No. 7 and the purport of the entire pleadings. On December 20, 2015, the election commission notified on December 29, 2015 that the dissolution was decided and the business is suspended on December 29, 2015, pursuant to Article 18(3) of the Management Rules with the written consent of a majority of 84 votes among 140 households as a result of the pro-con voting on December 20, 2015.

'Public Notice' posted a notice to the effect that

On January 6, 2016, as the result of the election of the representative of each apartment building of this case, J, K, L, M, N,O, and O were elected respectively by the president who is the representative of the plaintiff, and C of the former executive department of this case resigned around that time.

The plaintiff defendant is obligated to provide the plaintiff with accounting management services in accordance with the contract of this case, and the plaintiff is obligated to provide the plaintiff with accounting management services in accordance with the contract of this case. The plaintiff's assertion that there is no dispute about the ground for recognition of Gap's 1, 2, Gap's 13, 14, and Eul's 6-2 and 7.

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