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(영문) 창원지방법원 2015.11.27 2015가단9311
사무관리비
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Transfer, etc. of buses;

A. On May 9, 2012, the Defendant entered into a contract with the council of occupants' representatives for A apartment (hereinafter “instant council of occupants’ representatives”) on the management of the above A apartment with respect to the apartment housing, incidental facilities, welfare facilities, etc. of A apartment at the time of the show of occupants’ representatives, and subsequently, took charge of management

B. On December 27, 2012, the Plaintiff entered into a contract of transfer with the instant council of occupants’ representatives that the instant council of occupants’ representatives wishes to be transferred to Cnib bus bus (hereinafter “instant bus”) registered in the name of the president of the instant council of occupants’ representatives, and completed the procedure of registration of transfer of name for the instant bus on January 10, 2013.

C. Meanwhile, around July 2010, the council of occupants’ representatives concluded a service contract related to the operation of A apartment shutstle bus with a period of three years from August 1, 2010 to July 31, 2013. Around July 1, 2013, the council of occupants’ representatives concluded the said service contract with a period of three years from August 1, 2010 to July 31, 2013. Around July 1, 2013, the term of the contract was three years from August 1, 2013 to July 31, 2016.

The instant bus was used as a package shuttle bus of A apartment during the term of the above service contract concluded between the council of occupants' representatives and the macroscopic.

E. On March 11, 2014, the council of occupants’ representatives of the instant case terminated the said service contract, and on March 31, 2014, the Plaintiff was returned to the instant bus due to the Plaintiff’s invasion.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4 (including branch numbers for those with additional numbers), Gap evidence Nos. 10, Eul evidence Nos. 1 through 5, the purport of the whole pleadings

2. While the instant bus is operated as a shuttle bus of A apartment, the Plaintiff paid 40,290,542 won in installments for the purchase price of the instant bus to Hyundai money social, and the said amount remains as the Plaintiff’s expense loss.

However, the defendant is the plaintiff with the title of the bus of this case.

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