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(영문) 인천지방법원 2016.10.14 2015나18527
용역비 등
Text

1. The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "F service number G") and F service number 13 of the first instance court's decision "(representative G)" are as "D. 2, 4. 12", "C. 2, 5. 10, and 11" are as "Plaintiff's 4 argument", "F service number 13" and "F service number 17, 18" are as "D service number 5. 5. 5. 5. 5. 5. 17, and 18. 5. 5. 5. 5. 18. "The plaintiff's argument on this premise different from this premise is without merit," and the following is added to "the judgment on the selective claim added by the plaintiff in the first instance court," and it is reasonable to add the judgment on the selective claim added by the plaintiff in the first instance court, as stated in the part of the first instance court and Article 420 of the Civil Procedure Act.

In relation to this, the plaintiff does not have a management body under Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act"). Thus, since the contract for the maintenance and repair of the elevator between the plaintiff and the D Service Association is invalid under the Aggregate Buildings Act, it is merely because Articles 23 through 27 of the Aggregate Buildings Act stipulate the management body's authority and duties, etc. subject to the Aggregate Buildings Act, even if D Service Association is not a management body under the Aggregate Buildings Act, the above contract for the maintenance and repair of the elevator cannot be deemed null and void merely because D Service Association is not a management body under the Aggregate Buildings Act, and there is no other evidence to acknowledge the plaintiff's assertion. Therefore, the plaintiff's above assertion is without merit

2. Determination as to the selective claims that the Plaintiff added at the trial

A. The Plaintiff’s assertion 1 has a claim against the H Operation Management Body for the elevator maintenance cost of KRW 27,806,90 under the instant contract, and the H Operation Management Body against the Defendant for the return of unjust enrichment or the claim for reimbursement of costs arising from the management of the elevator maintenance and repair of the instant eight complex shopping complex.

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