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(영문) 서울남부지방법원 2018.06.21 2017나4145
관리비
Text

1. The judgment of the court of first instance is modified according to the expansion and reduction of the purport of the claim in the plaintiff's trial as follows.

Reasons

1. Facts of recognition;

A. B management body (hereinafter “the management body of this case”) is a management body composed of sectional owners of the 5th apartment building “B” (hereinafter “the building of this case”) composed of 13 divided stores located in the Nowon-gu Seoul Special Metropolitan City, Seocheon-si C.

The defendant is the owner of 102 of the building of this case.

B. From around 2004, two descendants industry development Co., Ltd. concluded an entrustment contract for the management of the instant building with the instant management body, and managed the instant building from December 21, 2014.

C. On December 4, 2014, the instant management body held a general meeting to appoint D as the manager, who is the representative of the instant management body, and, at the same time, passed a resolution to conclude an entrustment agreement on the management of the instant building with the Plaintiff and the instant management body (hereinafter referred to as “the first resolution”), and notified the instant entrustment agreement to the two grandchildren Industry Development Co., Ltd. on December 5, 2014.

On April 3, 2015, the instant management body held an extraordinary general meeting on April 3, 2015 and adopted a ratification resolution on the appointment of the representative of the instant management body and the management contract with the Plaintiff (hereinafter “the second resolution”).

On February 19, 2016, the instant management body again held an extraordinary general meeting and appointed D as the representative of the instant management body, and made a resolution of ratification of the management contract with the Plaintiff (hereinafter “third resolution”).

E. The Defendant asserted that the management contract with the instant management body is null and void, and did not pay management expenses after January 2015 for the instant building 102, and the Defendant’s unpaid management expenses are KRW 9,040,565 up to December 2017.

[Grounds for recognition] Gap's 3, 4, 7, 13, 14, 15, 18 (including additional numbers), Eul's 1, and the purport of the whole pleadings.

2. The parties' assertion

A. The Plaintiff’s assertion is related to the instant building from January 1, 2015, after concluding a lawful management services contract with D representative of the instant management body.

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