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(영문) 서울서부지방법원 2014.11.12 2013가단28455
약정금 반환
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a manager who managed the building from May 1, 2008 to February 2, 2012 from Seodaemun-gu Seoul Metropolitan Government D (hereinafter “instant building”); Defendant D management body (hereinafter “Defendant D management body”) is the managing body of the instant building formed on February 10, 2012; Defendant New Management Co., Ltd. (hereinafter “Defendant New Management”) is the managing body of the instant building; the managing body of the instant building from February 2, 2012 is the managing body of the instant building; Defendant B is the managing body entrusted with the management of the instant building from Defendant New Management; Defendant C is the managing body of Defendant New Management; Defendant C is the managing body of Defendant New Management; Defendant C is the E of the instant building that entered into a labor contract on April 1, 2012.

B. On March 5, 2007, the Postal Sports Leisure Co., Ltd. was the owner and owner of the instant building at the time of approval for use. On April 29, 2008, the Plaintiff entered into a contract for the comprehensive building management business with the contents that all of the facility management, parking management, environmental beauty management, and building management services incidental thereto were delegated to the Plaintiff during the contract period from May 1, 2008 to April 30, 2017. Accordingly, the Plaintiff managed the instant building from May 1, 2008 to February 2012.

C. On February 10, 2012, Defendant management body decided to hold a management body meeting of the instant building and change the building management body and delegate its affairs to F manager F, the representative management body. Accordingly, the Plaintiff suspended the management of the instant building.

The defendant management body selected the defendant's new management company as the management company of the building of this case.

E. On March 30, 2012, the Plaintiff agreed to hand over the management of the instant building to Defendant New Management, and received a written confirmation from Defendant B and Defendant C, the agent of Defendant New Management, as follows (hereinafter “instant written confirmation”).

Certificates shall be written.

1. The head office (referring to “Defendant’s new management”; hereinafter the same shall apply) shall be located in Seoul Dtel as of March 30, 2012.

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