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(영문) 수원지방법원안양지원 2020.05.29 2019가합100306
관리행위중지 등 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a management body established pursuant to Article 23 of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”) with all sectional owners of the building A (hereinafter “the instant building”) as members of the building A during Ansan-si.

B. Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company running real estate development business, building and housing construction business, etc., and Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company engaging in building management business, security service business, etc., and is entrusted with the management of the building of this case by Defendant C as seen below.

C. Around January 2018, Defendant C entered into a contract with Defendant D on the maintenance, repair, and safety management of common areas, ancillary facilities, and welfare facilities relating to the instant building; expenses in a complex; cleaning; collection and execution of management expenses and usage fees; and payment of public charges by proxy (hereinafter “instant entrustment contract”).

According to the instant consignment contract, in principle, the contract term is terminated from March 9, 2018 to March 8, 2019; however, in cases where a management body is formed pursuant to the Multi-Family Building Act and a new entrusted management entity is selected, the contract term is terminated on the date it transfers its management to the management body (Article 31(1) of the instant consignment contract). [Grounds for recognition]] There is no dispute; Gap Nos. 1, 9, and 12 (including serial numbers; hereinafter the same shall apply); Eul’s statements in subparagraph 1; Eul’s statement in subparagraph 1; and the purport of the whole pleadings.

2. The Plaintiff, a managing body of the instant building, held a general meeting on November 24, 2018, and demanded the Defendants to take over management affairs on December 6, 2018, the Plaintiff’s determination as to the claim against Defendant C, however, did not arbitrarily withdraw management expenses or hand over the balance to the managing body. Defendant C, who was entrusted with the management affairs of the said building by Defendant C, did not take over management expenses.

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