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1. The claims of the council of occupants' representatives shall be rejected;
2. The plaintiff Dong-friendly Development Claim is dismissed.
3.
Reasons
1. Basic facts
A. Es. Es. Es. (hereinafter “S. construction”) constructed a 1,251 household unit for A apartment (hereinafter “instant apartment”) located in Seocho-gu Seoul Metropolitan Government C, and sold 398 household units, and leased 853 household units.
B. On July 16, 2013, the Non-Party Corporation entered into an entrustment contract with the Defendant for management of the instant apartment, and the entrusted management period was from July 16, 2013 to July 15, 2015; however, during the management period, the Non-Party Corporation agreed to terminate the date of receipt of notification if the occupants, etc. form a council of occupants’ representatives and determine management methods of the relevant multi-family housing and notify the Defendant thereof.
(hereinafter “instant consignment contract.” From July 16, 2013, the Defendant occupied the instant apartment management office and managed the instant apartment from July 16, 2013.
C. On November 28, 2013, the Non-Party Corporation notified the Defendant of the management method of multi-family housing and the termination of the contract term on November 25, 2013 due to the decision of the council of occupants’ representatives of the instant apartment housing and the selection of a new housing management operator. The instant entrustment contract notified the Non-Party Corporation of the termination of the contract term on November 25, 2013.
The Defendant, while occupying the management office of the apartment of this case, has been managing the apartment of this case.
[Grounds for recognition] The items of evidence Nos. 3, 4, and 9, and the purport of the whole pleadings
2. Qualification as the party to the plaintiff A's representative council (hereinafter referred to as the "Plaintiff's representative council");
A. (1) The defendant, upon the termination of an entrustment contract with the non-party corporation claiming the plaintiff's representative council, has a duty to deliver data related to the management office and management affairs of the apartment of this case to the person entitled to select a controlled entity concerning the apartment of this case or the plaintiff's council of occupants' representatives, which is a meeting
(2) The Defendant’s first assertion.