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(영문) 서울중앙지방법원 2019.11.01 2018나73661
관리비
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. C Housing Redevelopment Association (hereinafter “Nonindicted Cooperative”) concluded a sales contract with the seller of the building D in Jung-gu, Seoul (hereinafter “instant commercial building”) including that “after the completion of the instant commercial building, multiple buyers manage the instant commercial building after the completion of the construction, but the Nonparty Cooperative may select a manager in consultation with the contractor before the completion of the construction.”

B. Accordingly, on April 14, 2008, prior to the completion date of the instant commercial building ( April 28, 2008), the non-party union entered into a contract for contract management with E Co., Ltd. (F: hereinafter “F”) on the instant commercial building management (hereinafter “instant contract for contract management”).

its key

The content is that the contract term shall be from April 15, 2008 to April 14, 201, but the contract term shall be extended automatically under the same conditions if the non-party union does not notify the opposition to the extension of the contract term by 60 days before the expiration of the contract term, and if the authority of the non-party union is transferred to a third party, the rights and obligations under the contract management contract of this case shall be succeeded, and if the management body is organized, the contract terms shall be ratified.

C. F had experienced financial difficulties around 2013 while continuing to manage the instant commercial building in accordance with the instant contract, and the F’s employees organized G, a non-corporate group (hereinafter “non-corporate group”) around October 11, 2013, and thereafter, the non-party organization managed the instant commercial building with F.

On December 9, 2014, the non-party association performed the business of managing commercial buildings, including the imposition and collection of management fees, in accordance with the contract of this case between the F and the non-party organization. If the non-party organization of the non-party management body of this case forms the real organization of the non-party organization, the non-party organization will transfer all the business of managing the commercial buildings to the actual organization of the management body.

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