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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company that provides building management services to an aggregate building listed in the attached Table 1 (hereinafter “the instant aggregate building”), and the Defendant is a sectional owner who owns 70% shares in the parking lot located on the third floor or sixth floor among the instant aggregate buildings.
B. The Plaintiff’s comprehensive management services contract for the Plaintiff (formerly: U.S., U.S.) is concluded on or around December 2002, Korea Land Trust Co., Ltd., the largest right holder of the instant condominium building (hereinafter “Korea Land Trust”).
(A) The instant service contract was concluded with respect to the management of the instant condominium, and its main contents are as follows. The Korea Land Trust and the Plaintiff enter into a contract for the comprehensive management of the instant condominium. The Korea Land Trust and the Plaintiff shall enter into the said contract as follows: Article 1 (Subject Matter of the Contract) (hereinafter omitted)
1. Name of the building: B;
2. Location: The scope of duties performed by the plaintiff under Article 2 (Terms of Contracts) of the Subdivision-gu, Seongbuk-gu, Sungnam-si, as facilities for common use within the scope of Article 1, the contents of duties are as follows:
1. Facility management: Operation, repair and management of the whole of machinery, electric facilities and ancillary facilities in a building;
2. Sanitary control: Overall cleaning and environmental control inside and outside the building;
3. Guard management: Prevention of infringement or destruction of sites and buildings, management of accidents, such as fire and theft, etc., and protection of human lives and property when such disasters occur;
4. Parking management: A parking-related business and all the affairs incidental thereto (except parking lots for business use) continue to be renewed until August 2005, and the above service contract continued to be renewed on September 23, 2005. On September 23, 2005, the management business concerning parking lots for business use was included in the scope of the Plaintiff’s business among parking management business, including the calculation, notification, imposition, and collection of management expenses, and the settlement of accounts for execution, etc.