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(영문) 서울북부지방법원 2016.01.07 2014가단119789
용역비등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 3.

The defendant is an occupant representative organization comprised of the occupants of B apartment in Dobong-gu Seoul Metropolitan Government (hereinafter referred to as the "multi-family housing in this case"), and the plaintiff is a housing management operator mainly for the management of multi-family housing.

B. On April 26, 2013, D, the Defendant’s representative, entered into an entrustment contract with the Plaintiff on the management affairs of the instant apartment between June 18, 2013 and June 17, 2015 (hereinafter “instant management contract”) with the effect that the instant management affairs are to be entrusted to the Plaintiff during the contract period from June 18, 2013 to June 17, 2015, and the Plaintiff is a

6. From 18.10, the apartment of this case has been managed.

C. However, at the time of the conclusion of the instant management contract, some of the occupants of the apartment of this case raised the assertion that the instant management contract is null and void because they did not undergo the resolution of the neighborhood meeting and the autonomous committee.

Meanwhile, according to the management contract of this case, the plaintiff was entrusted with the management of the apartment of this case by the defendant, but the scope of the management affairs includes the maintenance and repair of the building and facilities, safety management of the apartment of this case, the execution of the matters determined by the management rules of the apartment of this case and the council of occupants' representatives, the execution of management expenses (Article 2). The plaintiff is a good manager responsible for the management affairs of all matters determined by the related Acts and subordinate statutes, the management rules, and the representative council (Article 5). Matters not specified in the management contract of this case may be determined through consultation with the original defendant pursuant to the Housing Construction Promotion

(Article 29). (e)

However, around January 2014, the Defendant requested a tax accountant to audit the instant apartment from January 1, 2011 to December 31, 2013.

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