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(영문) 수원지방법원성남지원 2019.04.09 2018가단229099
부당이득금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found in each entry in Gap evidence Nos. 3, 8, 16, and 17, either in dispute between the parties or in full view of the purport of the entire pleadings:

From April 2013, the Plaintiff entered into a management contract with the Defendant, who is the management body of the Seongbuk-gu Seoul Special Metropolitan City E apartment-type factory (hereinafter “instant building”) located in Seongbuk-gu and has been performing the management of the said building (i.e., the first contract between April 1, 2013 and March 31, 2015, and the second contract between April 1, 2015 and March 31, 2017).

The Plaintiff entered into a management contract for the instant building again with the Defendant (hereinafter “instant contract”) with regard to the instant building (hereinafter “A” and “B,” respectively, at the following terms and conditions of the contract; the term of the contract was set from April 1, 2017 to March 31, 2018 (1 year); and the term of the contract was set from March 2018 to March 31, 2018 pursuant to the contract, while managing the instant building until March 2018.

The management work to be managed by A between A and B in a building management contract shall be entrusted to B, and B shall enter into this contract to accept and manage it.

- Subject matter of management - subject matter of management to be entrusted and managed by A shall be as follows:

1. Name: E-type apartment factory;

2. Small area: D in the Jung-gu, Sungnam-gu, Gyeonggi-do.

3. Building structure: A reinforced concrete structure;

4. The same number: one unit.

5. Number of floors: Two stories underground or fifteen stories above ground;

6. Management area: 74,807㎡ (22,629.31 square meters) 1 (Purpose) A delegates the management of the above objects to B (hereinafter referred to as “management affairs”) and intends to provide for all matters related thereto in accepting and managing them by Eul;

Article 2 (Management and Scope) B shall perform the following duties under this Agreement:

1. Maintenance and repair of the common areas and appurtenants and welfare facilities of the building;

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