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(영문) 창원지방법원마산지원 2016.11.30 2016가합448
관리용역업자지위확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of building entrustment management business, sanitary management service business, and management business, and the Defendant is a non-corporate company comprised of the occupants of LHg Green apartment located 28, Changwon-gu, Changwon-si, Changwon-si, Changwon-si, which is 28, GaHg Green apartment (hereinafter “instant apartment”).

B. LH Corporation, the project undertaker who constructed and sold the instant apartment, entrusted the management of the said apartment to the head of the company, which was before the council of occupants’ representatives was constituted on the instant apartment.

Accordingly, on November 30, 2015, the head of the management office of the apartment of this case, who was appointed by Young-gu Co., Ltd., entered into a U.S. service contract (hereinafter “instant service contract”) with the Plaintiff on the terms of entrusting the above apartment service to KRW 10,743,180 per month from December 1, 2015 to November 30, 2017, and had the Plaintiff take charge of the U.S. service of the instant apartment of this case.

C. After that, the Defendant, a council of occupants’ representatives of the instant apartment around January 2016, constituted the instant apartment, the Defendant, around May 2, 2016, selected another building company as a new housing management operator and performed the management of the instant apartment from May 23, 2016.

On the other hand, on October 19, 2016, the Defendant expressed to the Plaintiff the intent to terminate the said contract if the status of the party was succeeded to the Defendant under the instant service contract on the second date for pleading.

[Ground of recognition] Facts without dispute, significant facts in the court, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Article 24 of the instant service contract asserted by the Plaintiff provides that the Plaintiff and the council of occupants’ representatives shall re-consultation the contract term in the event that the council of occupants’ representatives forms the instant apartment. Nevertheless, the Defendant unilaterally terminated the instant service contract without such consultation, and such termination of the contract is null and void.

In addition, the defendant is legally required to do so.

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