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(영문) 서울중앙지방법원 2016.01.21 2015가단139491
상가건물관리용역비
Text

1. All of the plaintiff's claims are dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract for building management services with the tenant representative of Seocho-gu Seoul Metropolitan Government (hereinafter “instant commercial building”) and has been managing the said commercial building from November 1, 2001.

B. On June 3, 2013, the occupants of the instant commercial building constituted a management body (hereinafter “instant management body”) under the name of the “BA management committee” at the temporary management body meeting.

C. In this case, the Seoul Central District Court 2014Kahap31535, which filed against the Plaintiff by the management body of the instant commercial building, confirmed that the contract for building management services between the Plaintiff and the management body of the instant commercial building was terminated on October 30, 2013, and confirmed that the Plaintiff was no longer a trustee of the instant commercial building.

The Defendant, as the owner of the instant commercial building 202, paid the management expenses to the instant commercial building management body after September 2013.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, Eul evidence Nos. 1 to 4, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. 1) The plaintiff's primary cause of claim 1) based on the management service contract for the commercial building in this case's assertion that the plaintiff was entrusted with the collection of management expenses, and the defendant prepared the rules for the occupant (user) who acquired the ownership of 202 commercial building in this case and paid the management expenses by the management office on the designated date of the management office, and delivered them to the plaintiff, and the defendant agreed to pay the management expenses to the plaintiff, in light of the fact that the tax invoice for the management expenses under the plaintiff's name was received from September 2012 to August 2013, 2013, and the management expenses was paid to the plaintiff. Thus, the defendant shall pay the management expenses to the plaintiff from September 2013 to April 2015. 2).

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