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(영문) 부산고등법원 2017.05.31 2017나50204
계약부존재확인 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The status of the parties and the conclusion of a contract between the Plaintiff and the Defendant: (a) The Plaintiff is an organization consisting of the representatives from each Dong of A apartment (hereinafter “instant apartment”) consisting of six to one hundred and forty households in Ulsan-gun, Ulsan-gun, Ulsan-gun.

② On February 21, 2013, the Plaintiff entered into an entrustment agreement with the Defendant on the management of multi-family housing with a view to providing advice on the accounting and management of the instant apartment from January 15, 2013 to January 14, 2015, and the Plaintiff entered into a contract on the entrustment of management of multi-family housing with a view to paying every KRW 600,000 won as the cost of entrusted management services (=300,000 won as the cost of accounting management fees) to the Defendant.

Since January 2015, the Plaintiff entered into a contract with the Defendant with the same terms and conditions (hereinafter “instant contract”) by setting the contract term from January 1, 2015 to December 31, 2017.

B. Changes in the Plaintiff members ① C, D, F, and E were elected by the occupants of the instant apartment on March 25, 2015 as representatives from each Dong’s election, which was implemented on March 25, 2015 by the occupants of the instant apartment, and C was composed of the Plaintiff as the president of the Plaintiff.

(In order to distinguish the representatives of each Dong from those of the following buildings (hereinafter “former representatives”). The term of office of the representatives of each Dong was from April 13, 2015 to December 31, 2016.

② The election commission of the instant apartment was organized on December 10, 2015. On December 30, 2015, the election commission publicly announced that the representatives of the relevant building were dissolved as of December 29, 2015 pursuant to Article 18(3) of the Management Rules with the written consent of a majority of 84 votes among the 140 households, by holding a pro-con voting on the removal of the representatives of the Gu building.

③ A special election to elect representatives from each building for one year’s term of office was held on January 6, 2016, and J, K, L, M, N, andO was elected. Representatives from this building were elected as the Plaintiff’s representative.

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