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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “C”) completed registration of initial ownership on November 4, 2014 as the owner and seller of Pyeongtaek-si D Building (hereinafter “instant building”) on the 44 separate sections in the instant building.
B. On November 13, 2014, C: (a) each purchaser completed the registration of ownership transfer with respect to the total of 19 heading rooms (in addition, 3 heading rooms from November 2014 up to July 2015 until July 2015) among the total of 28 units located on the 1, 2, and 3 floors of the instant building, including that the Defendant sold subparagraph E (hereinafter “instant section for exclusive use”) among the instant building and completed the registration of ownership transfer on the same date; (b) however, the total of 16 heading rooms located on the 4, and 5 floors of the instant building did not sell to each purchaser for direct rental business.
C. Meanwhile, around November 2014, the Plaintiff was entrusted by C with all management duties, such as cleaning and guarding the instant building, during the contract period from November 21, 2014 to November 20, 2015 (hereinafter “instant entrustment contract”) and performed the management duties thereof.
The proviso of Article 4 of the instant consignment contract provides, “Provided, That the same period shall be extended to one of the parties with respect to the renewal of this contract not later than two months prior to the expiration of the contract, unless the parties express their intent in writing.”
[Ground of recognition] A without dispute, Gap evidence 1 (including paper numbers), Eul evidence 1, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The primary claim C is, as a seller of the instant building, the authority to manage the instant building pursuant to Article 9-3(1) of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Aggregate Buildings Act”), and the authority to collect management fees therefrom. The Plaintiff performed management duties of the said building according to the instant consignment contract.
On the other hand, the Defendant, the owner of the instant section for exclusive use, occupies it through F, and the sum of six from February 2016 to July 31, 2017.