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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
Facts of recognition
In 208, the building A (hereinafter referred to as the “instant commercial building”) in the Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter referred to as the “instant commercial building”) had Abund (the manager B at the time, hereinafter referred to as the “instant prosperity”) but the instant prosperity had the following management rules:
Article 8 (Obligations, etc.) The occupant(s) shall perform the following obligations:
5. Maintenance expenses and long-term repair appropriations necessary for the maintenance and management of commercial buildings shall be borne monthly;
Article 17 (Management Body) The Management Body shall have a management body to operate this commercial building in a reasonable and efficient manner, and the Management Body shall have the duty to faithfully perform the matters determined by the Management Rules, relevant regulations, the General Assembly of Management Body and the Board of Directors.
Article 18 (Entrusted Management)
1. Management may be entrusted to a specialized enterprise with the affairs of the managing body prescribed in Article 19 and this Rules, and the first contract shall be concluded by the project undertaker; and
2. The contract for entrusted management shall be two years, and the president shall notify in writing whether the contract is renewed by a resolution of at least 2/3 of sectional owners at least 90 days before the expiration date of the contract.
The time when the above notification has not been made or the board of directors has not been organized shall be deemed to have been extended for two years under the same conditions.
3. A change to an entrusted management company shall require the consent of at least 2/3 of sectional owners.
Article 19 (Duties of Managing Body)
3. Deposit, use and payment agency of management expenses, user fees and long-term repair appropriations, and payment agency of dues, and prepare books related thereto and keep them together with evidential documents;
11. A person in arrears may become a party to a lawsuit claiming management expenses (including players management expenses) at least twice with the delegation of the chairperson, and the managing body shall be a party to the lawsuit claiming management expenses at the time of failure to organize the executive council.
On April 28, 2008, the defendant is a corporation engaged in building management business, etc., and "a contract for the management of the building (hereinafter referred to as the "contract") with the prosperity Association of this case with the following contents."