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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. Around February 28, 2015, the Defendant entered into a management contract with the 2nd council of occupants’ representatives and the 2nd council of occupants’ representatives regarding the instant apartment with respect to the instant apartment, which was composed of 9 and 438 households, located in A (hereinafter “instant apartment”). On March 1, 2013 to February 28, 2015, the Defendant again entered into the management contract for the collective housing with the term of contract on February 28, 2015, wherein the term of contract was set at one year from February 28, 2016.
(B) 5)
B. C’s resignation of Dong representative and the election of the chairman of the council of occupants’ representatives (1) C, around November 24, 2014, were elected as Dong representative among the instant apartment buildings and resigned from Dong representative around January 2016. (2) Accordingly, C, in a special election to be held in the instant apartment complex, was once withdrawn from Dong representative, and was elected as Dong representative on January 24, 2016.
3) On January 28, 2016, C was elected as the president of the council of occupants’ representatives comprised of Dong representatives. C. (c) The council of occupants’ representatives, which is the president of the instant apartment, selected the Plaintiff as the housing management operator of the instant apartment after bidding on March 2, 2016.
2) On March 3, 2016, the Plaintiff entered into a multi-family housing entrustment agreement with the council of occupants’ representatives of the instant apartment complex, the president, and the management of the instant apartment from March 8, 2016 to March 7, 2019, under which the term of the contract is from March 8, 2016 to March 7, 2019, and KRW 39,371 (excluding value-added tax) monthly consignment management fees. D. Relevant statutes and the management rules of the instant apartment complex related to the relevant statutes and the instant management rules are as stated in the attached Table. [In the absence of any dispute over the recognition, the following facts are as follows: (i) Gap’s 1,2,3,9,10 evidence, evidence Nos. 1, 3, 46, 55, and 56 evidence No. 42-1, evidence No. 43-3, 43-4, and the purport of the entire pleadings.
2. The plaintiff asserted that the plaintiff legally concluded a management contract of the apartment of this case from the representative apartment council of the apartment of this case and became the managing body of the apartment of this case.
Therefore, this case.