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(영문) 의정부지방법원고양지원 2019.05.31 2018가단78578
부당이득금 반환 청구의 소 등
Text

1. Defendant C Co., Ltd.: (a) KRW 44,305,126 on the Plaintiff and 5% per annum from May 15, 2018 to May 31, 2019.

Reasons

In fact, the plaintiff is the council of occupants' representatives comprised of the representatives of Dong-dong, Busan-gu A apartment (hereinafter referred to as "the apartment of this case").

Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a corporation established for the purpose of multi-family housing management business, etc., and a person who entered into an entrustment management contract with the Plaintiff.

The Plaintiff entered into the instant consignment management contract with the Defendant Company on December 30, 201, and entered into the instant consignment management contract with the purport that the Defendant Company entrusted the instant apartment from January 1, 201 to December 31, 2014, and is to receive KRW 750,090 (excluding value-added tax) monthly consignment management fees from the Plaintiff (hereinafter “instant consignment management contract”). Under the instant consignment management contract, the Plaintiff managed the instant apartment management contract, such as the receipt of various public charges, maintenance and repair of elevators, garbage collection, apartment expenses, etc.

Article 4(1) of the instant consignment management contract provides, “The Plaintiff shall be deemed the head of the management office that the Defendant Company places pursuant to Article 55(1) of the former Housing Act (amended by Act No. 9405, Feb. 3, 2009) as the agent of the Defendant Company.” The proviso to Article 13 of the instant consignment management contract provides, “The instant contract shall be automatically terminated at the expiration of the contract.”

The Defendant Company posted Defendant D as the head of the management office of the apartment of this case.

On January 2014, the composition of the Plaintiff’s fourth council of occupants’ representatives and the process of related administrative cases, the term of office of the third council of occupants’ representatives expired. The instant apartment election commission held an election for representatives by buildings for the fourth period from January 13, 2014 to January 17, 2014.

(hereinafter “Election”. On January 2014, the above election commission referred to as “the fourth council of occupants’ representatives” of the Plaintiff’s fourth council of occupants’ representatives consisting of representatives from each Dong elected by election on January 2014.

on February 14, 2014

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