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(영문) 서울중앙지방법원 2015.06.11 2014가합553769
집합건물관리업무 위,수탁계약 무효확인
Text

1. All of the lawsuits filed by the Plaintiff (Appointed Party) against the Defendants are dismissed.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The party’s relationship 1) Defendant Btel management body (hereinafter “Defendant management body”)

) The building is 20 stories above ground and 8 stories below ground in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”).

The Plaintiff (Appointed Party; hereinafter “Plaintiff”) is an autonomous management body comprised of sectional owners of officetelss from 11 to 20 stories above the ground.

)The plaintiff and the designated parties (hereinafter referred to as "the plaintiff, etc.") in total;

(2) The purpose of Defendant Hyundai MC Co., Ltd. (hereinafter “Defendant Hyundai”) is to manage facilities and provide security services, etc.

B. 1) The second underground floor of the instant building is managed by the commercial building management body composed of the sectional owners of 42 stores, and the management of the entrusted management real estate investment company, Inc., Inc., which owns the entire building from 1st to 10th above ground, entrusted the management of the management of the building to Mecoper, and Defendant management body was managed from 11th to 20th above ground. 2) Masung F&M Co., Ltd. (hereinafter “Masung F&M”) concluded an entrustment contract with the above three management bodies from 2004 to conducted the management of the instant building. The contract term of each management contract expires on December 31, 2013, and the Defendant management body decided to extend the entrustment contract with MacopM on March 26, 2014, on the basis of the results of an extension of the management contract with MadiM and the extension of the management of the building to Mecher on May 31, 2014.

3) On April 8, 2014, Defendant management body decided to re-Appoint controlled entities through bidding procedures, and to exclude MasungM, and on May 20, 2014, the Defendant management body decided to select Defendant Hyundai M& as controlled entities. 4) Defendant management body decided to select Defendant Hyundai M& as controlled entities.

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