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(영문) 서울고등법원 2016.12.08 2016나2031709
약정금등 청구
Text

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. The reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance other than the following "paragraph 2". Thus, it shall accept it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

(a) Each part of the “computer Management Entrustment Contract” in Part 15, 8, 17, 8, 20-21, 12, and 19 of the judgment of the court of first instance shall be subject to a “computer Management Contract”.

B. On the 12th 11-13th 13th 12th 12th 12th 12th 13 of the judgment of the court of first instance, “the above part is unlawful, since it is not a litigation as to specific rights or legal relations, it cannot be seen as a civil lawsuit, and thus, it is unlawful.” The above part states that “The defendant sent an official document to the defendant as requested by the above purport of this claim in accordance with the above purport of this claim, thereby ordering the defendant to implement the procedure to change the status of the party to the above service contract from the defendant to the plaintiff, and thus, it cannot be found that the management body, such as the management body of each apartment complex, has a legal obligation to comply with the change of the status of the party to the contract as asserted by the plaintiff in this case or to be bound by it. Therefore, it is difficult to view the above claim such as the above purport of this claim as a claim

(c)the following shall be added between conduct 16 and 17 of the first instance judgment:

【Along with the above, even if the Plaintiff’s claim for the performance of the procedure for changing the status of a party to the above contract is deemed to have legal interest in filing a lawsuit, the evidence submitted by the Plaintiff up to the trial and the circumstances surrounding the allegation are alone, and the above computerized consignment management contract between the Plaintiff and K (C: L) on May 28, 2003 (A).

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