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(영문) 인천지방법원 2019.01.24 2017나68311
손해배상(기)
Text

1. Of the ancillary claims in the judgment of the court of first instance, the following amounts shall be lost.

Reasons

1. Basic facts

A. Pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), the Plaintiff is a management body established with the total number of 19 stores consisting of the sectional owners of the said 19 stores, a commercial building of the 7th floor above D 2nd floor above Kimpo-si, Kimpo-si (hereinafter “instant commercial building”) pursuant to Article 23(1). The Defendant is a company that conducts building management business, etc.

B. Around 2007, the Plaintiff entered into a building management service contract (hereinafter “instant contract”) with the Defendant managing the instant commercial building, and the Defendant thereafter managed the said commercial building.

On April 14, 2016, the Plaintiff notified the Defendant that the instant contract was terminated, and the Defendant sent the content certification (Evidence A No. 4) to the Plaintiff on April 22, 2016. The purport of the notification is that “The Plaintiff is under the process of performing all management expenses and all settlement work within the period of April 20, 2016, and completes all procedures by April 30, 2016.”

Accordingly, the instant contract was terminated on April 30, 2016.

C. On May 1, 2016, the Plaintiff entered into a building management service agreement with H that operates the building management business in the trade name of “G” to manage the instant commercial building, and H had the management of the said commercial building from May 1, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The defendant asserts that the lawsuit of this case filed by F on behalf of the plaintiff is unlawful, since F is not the sectional owner of the store of this case but the representative of the plaintiff's general meeting, not the plaintiff's legitimate representative.

According to Article 24 of the Aggregate Buildings Act, if the number of sectional owners is at least 10, the management body shall be represented and the manager to execute the affairs of the management body shall be appointed (Paragraph 1), and the manager shall be the sectional owners.

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