logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.05.02 2017나60300
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the following matters determined additionally, thereby citing it as is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. (1) Determination on the right to collect management expenses of the Plaintiff (1) D, which concluded the entrustment management contract with the Plaintiff on the building B, etc. with the Defendant’s assertion, is not a legitimate representative of the management body of the building B, and the above entrustment management contract is null and void, and the Plaintiff’s claim for management expenses

(2) Comprehensively taking into account the written evidence evidence Nos. 8 through 13, the head of the Pakistan Tax Office: (i) issued a unique number of non-profit corporation to the building management body B on March 26, 2012; (ii) issued a deposit account in the name of the building management body B; (iii) issued a notice that management expenses should be paid to each shop of the building B; (iv) obtained management expenses from the said account as the representative of the management body; (iv) drafted a written agreement on the entrustment of the management affairs of the building B to the building development company on July 1, 2013; and on June 23, 2015, it is recognized that D affixed the confirmation seal on the written agreement on the acquisition of the building management affairs of the Plaintiff and the building management company B.

The following circumstances revealed in light of the above facts, ① the composition of the management body of the building B and the election of the representatives of D are received and confirmed the documents necessary for the verification, and ② D actually performed the duties of the representative of the management body for a considerable period before and after the issuance of the above identification number, and the other person is newly elected as the representative of the management body or otherwise performed the duties of the representative of the management body.

arrow