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(영문) 대구지방법원 2021.01.20 2019가단150921
부당이득금
Text

1. Defendant B Co., Ltd.: (a) KRW 30,89,360 for the Plaintiff and 5% per annum from February 1, 2019 to January 20, 2021.

Reasons

1. Facts of recognition;

A. The Plaintiff is an autonomous decision-making body that is composed of non-corporate associations composed of representatives from the residents of A apartment complex, etc. to determine important matters concerning the management of multi-family housing.

around April 13, 2018, Defendant B (hereinafter referred to as Defendant B) entered into an entrustment contract with Nonparty D Co., Ltd. (hereinafter referred to as Nonparty D Co., Ltd. (hereinafter referred to as Nonparty Co., Ltd) which is the interest business entity of the Plaintiff’s apartment, and managed the Plaintiff’s apartment as an apartment management entity for a limited period from the commencement date of the occupancy of the above apartment ( June 1, 2018) to the date when the representative of the Plaintiff’s apartment is organized and the management is transferred.

Defendant C (hereinafter “Defendant C”) received a subcontract for the cleaning service of the above apartment from Defendant B on July 1, 2018, and performed cleaning work from the same day until January 2019.

B. A representative meeting of occupants of an apartment is held in a successive order after the completion of the apartment construction, and a majority of the prospective occupants have not been formed immediately after the completion of the apartment construction, and the project undertaker who constructed the apartment housing subject to compulsory management (Article 11(1) of the Multi-Family Housing Management Act) has to manage it until that time (Article 11(1) of the Multi-Family Housing Management Act). If a representative meeting of occupants is formed and a new apartment management manager is selected, the management affairs shall be transferred (Article 13(1) of the aforementioned Act). The Plaintiff also forms a representative meeting of occupants on October 29, 2018 and the apartment management affairs are transferred from February 1, 2019 to the representative meeting of occupants.

(c)

After the selection of a new controlled entity, the Plaintiff from June 2018, immediately after the completion of construction, until February 1, 2019, to which the new controlled entity commences its business.

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