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(영문) 서울중앙지방법원 2016.12.01 2015가합569655
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C (D) who is represented by the plaintiff.

Reasons

Basic Facts

The following facts may be found either in dispute between the parties or in full view of the respective entries in Gap's 1, 3, 7 through 12, 14 through 17, 20, 23, 24, Eul's 2, 3, and 4 (including paper numbers, and hereinafter the same shall apply), and the whole purport of pleadings:

A building A (hereinafter “instant building”) is an aggregate building consisting of the third and tenth underground floors and ten floors above the ground, and is composed of 60 stores, etc. on November 9, 2005. The Plaintiff is a managing body of the instant building, and the Defendant is a person who has managed the instant building with the delegation of the construction authority, the owner of the instant building before the Plaintiff manages the instant building.

On October 11, 2005, the Defendant entered into a contract for the comprehensive management of commercial buildings, which consisting of two years of contract period and 3,524 won per square meter management expenses, between the Defendant’s building management of the instant building, and thereafter, managed the instant building by June 21, 2015, which transferred to the Plaintiff the management of the instant building.

On June 16, 2015, some of the sectional owners and lessees of the instant building began conflicts with the Defendant, asserting that the ordinary management expenses of the instant building would be high compared to that of the neighboring commercial buildings. On May 14, 2015, a management body was organized, and the general assembly was held on June 16, 2015, and C was appointed as the representative of the management body at the general assembly of the management body.

After the defendant's transfer of management affairs, the plaintiff selected E as a controlled entity of the building of this case, and requested the defendant to transfer management expenses, etc. to the defendant, and received management duties from the defendant on June 21, 2015.

On August 26, 2016, the Plaintiff, holding an extraordinary general meeting of the management body, filed the instant lawsuit against the Defendant on November 5, 2015, claiming the payment of unpaid electric charges and expenses for the management of players, etc., and the Defendant is the Plaintiff.

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