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(영문) 서울중앙지방법원 2017.12.13 2017나22062
관리비
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On December 9, 2014, the Plaintiff is entitled to the C Housing Redevelopment Association (hereinafter “C Redevelopment Association”)’s status as the parties.

) After entering into the instant underwriting agreement as seen in Section D(3) as seen below, Jung-gu Seoul Metropolitan Government D (hereinafter “instant commercial building”) has been managing it.

2) The Defendant, as the lessee of the instant commercial building Nos. 2096 to 2103 on the ground of the instant commercial building, is operating the kic and letocs at the said store. B. The 1st day of the conclusion of the instant contract management agreement, while selling the instant commercial building, entered into a sales contract with the sectional owners of the instant commercial building, which includes the following matters:

[Article 9 (Management) (1) After the completion date of the commercial building of this case, multiple buyers shall be managed, and a shopping district autonomy management committee shall be organized and managed.

However, even before the completion of the commercial building of this case, a manager may be selected through consultation between the C&N and the Si Construction Corporation.

(4) Each sectional owner shall have the duty to observe the management regulations or the management regulations established and operated after the establishment and operation of the C&A after the saleroom occupants.

2) Pursuant to the above provision, C&A changed its trade name to E on April 14, 2008, prior to the completion date;

hereinafter referred to as "foreign management company"

A) A contract for contract management that delegates duties concerning the imposition, collection, deposit, and use of management expenses to a person (hereinafter “instant contract management contract”).

In concluding the contract, the following agreements were made regarding the term of the contract (Article 11 (Contract Period). ① The term of the instant commercial building is from April 15, 2008 to April 14, 201. ② The term of the contract is extended automatically under the same conditions if Party A (C&A) did not notify in writing the company in charge of the extension of the contract term by 60 days prior to the expiration of the contract term.

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