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(영문) 부산지방법원 2018.04.20 2017나7498
부당이득금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff is an autonomous organization comprised of representatives elected by the occupants for the management of a master-wheeled apartment (hereinafter “instant apartment”) on the ground of 1170, East-ro, Busan and 117 ground, Dong-ro, the Plaintiff is a corporation that operates a multi-family housing management business.

B. On June 19, 2014, the Plaintiff entered into an entrustment management agreement with the Defendant on multi-family housing (hereinafter “instant management agreement”) with the following terms for the management of the instant apartment.

The purpose of Article 1 of the Management Contract of this case (hereinafter referred to as the "A"), Article 1 of the defendant, and Article 1 of the Applicable Law 1 of the Housing Act (hereinafter referred to as the "A") shall delegate the duties of the Council in accordance with the selection of the "A" as the management entity of the multi-family housing of Article 2 (12)(c) of the Housing Act, and the "B" shall aim at maintaining a pleasant residential space and protecting the property of the residents by faithfully performing the duties of the management of the multi-family housing in accordance with

(c) the management affairs entrusted to “A” by Article 3 shall be as follows:

1) In addition to the duties prescribed in the subparagraphs of Article 5(1) of the Enforcement Decree of the Housing Act and the subparagraphs of Article 25(1)1 of the Rule, “B” may not transfer to a third party the rights under this contract the Housing Act, the Enforcement Decree of the same Act and the Enforcement Rule of the same Act and the management rules of “A”, etc. of “B.” In addition to the duties prescribed in the subparagraphs of Article 5(1) of the Enforcement Decree of the Housing Act and Article 25(1)1 of the Rule. “B” may not transfer to a third party the rights under this contract. “B” may re-deposit to a specialized service company after obtaining prior approval of “A” notwithstanding the provisions of Article 3(3) of the Enforcement Decree of the Housing Act. “B” means a housing manager qualification and mutual aid securities under Article 55(2) of the Housing Act.

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