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(영문) 서울중앙지방법원 2019.11.01 2018나71481
관리비
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. (i) The FHousing Redevelopment Association (hereinafter “F Housing Redevelopment Association”) concluded a sales contract, which includes the following: (i) the seller of the D building in Jung-gu Seoul Metropolitan Government (hereinafter “instant commercial building”); and (ii) the buyer and the buyer of the instant commercial building after the completion of the sales contract, stating that “after the completion of the construction of the instant commercial building, several buyers may manage the instant commercial building; and (iii) the Nonparty Union may select a manager in consultation with the contractor before the completion of the construction

D. 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 contracting management with I Co., Ltd. (hereinafter “G”) on the instant commercial building management (hereinafter “instant contract for contracting management”).

The main content is that the contract term is from April 15, 2008 to April 14, 201, but the contract term is extended automatically under the same conditions if the non-party union did not notify the opposing party of 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 contents shall be ratified.

B. (i) During the process of continuing managing the instant shopping district in accordance with the instant contract, G had experienced financial difficulties around October 201, 2013, the employees of G organized H, a non-corporate group, around October 11, 2013 (hereinafter “non-corporate group”). From around that time, the non-party organization managed the instant shopping district with G Do.

D. On December 9, 2014, the non-party association performed the business of managing commercial buildings, including the imposition and collection of management fees, according to the contract of this case. If the non-party organization is the real organization of the management body of the commercial buildings of this case, the non-party organization is the actual organization of the management body of the commercial buildings of this case.

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