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(영문) 인천지방법원 2016.05.04 2015가합4067
계약무효 등
Text

1. Of the instant lawsuits, the part of the claim for nullification of an entrustment contract for building management shall be dismissed.

2. The plaintiff's defendant.

Reasons

1. Basic facts

A. On November 30, 2009, Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into an entrustment contract with Defendant C Management Body comprised of the sectional owners of D7 floors and B, an underground second-class condominium building (hereinafter “instant building”) for the maintenance and management of the instant building (hereinafter “instant entrustment contract”) and performed management of the instant building from around that time.

The entrusted management contract of this case was concluded on behalf of the defendant C Management Body by E (Election by the resolution of August 26, 2004) who was the chairperson of the defendant C Management Body at the time.

B. The Plaintiff’s acquisition of ownership 1) Limited Company and its IM (hereinafter “EM”).

(2) On September 17, 2009, the previous 701 square meters (938.42 square meters) of the instant building was divided into 701 square meters (402.93 square meters), 702 square meters (34.44 square meters), and 703 square meters (the registration of division was completed on September 25, 2009), and the registration of ownership transfer was completed on October 1, 2009 on September 17, 2009 by co-owners F and G, who completed the registration of ownership transfer on the same date due to the sale by voluntary auction on October 17, 2008.

3) From among the instant buildings, the Plaintiff purchased Nos. 701, 702, and 703, which were owned by H, through a voluntary auction on June 5, 2014, and completed the registration of ownership transfer on the 16th of the same month (hereinafter collectively referred to as “instant store,” including the above Nos. 701, 702, and 703.

C. Defendant B, on September 25, 2014, succeeded to the Plaintiff’s obligation of the former sectional owner of the instant store as the Incheon District Court 2014Gahap57903.

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