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(영문) 수원지방법원 안산지원 2018.01.19 2016가단60808

부당이득금반환

Text

1. The Defendants’ money indicated in the “personal amount” column in the attached Table to the Plaintiff and as to the money, from July 29, 2016.

Reasons

1. Facts of recognition;

A. The Z, AA (the owner of the part of the first and third floors underground, and the part of the first to the third floor above the ground) and AB (the part of the instant dispute on the fourth and fifth floors above the ground; hereinafter referred to as “the part of the instant dispute”) where all sectional owners of the YY commercial building in Ansan-si (hereinafter referred to as the “instant commercial building”) enter into a management service agreement with AC Co., Ltd. (hereinafter referred to as the “instant management company; hereinafter referred to as the “instant service agreement”), and around March 2006, around January 1, 2007, the management regulations for the instant commercial building (hereinafter referred to as the “management regulations”). The main contents are as follows:

[Management Regulations] Article 4 (Management Organization) Owners, etc. shall have a representative of owners, etc. and a management organization to achieve the purpose under Article 1.

Article 6 (Effect of Provisions) The provisions of this Act shall also apply to any person who succeeds to the status of the occupant, etc.

Article 9 (Obligations of Braille, etc.)

2. Occupants, etc. shall pay every month management expenses and public charges necessary for the maintenance and management of aggregate buildings, etc.;

Article 13 (Obligations of Owners, etc.)

2. Owners, etc. shall pay every month management expenses and public charges necessary for the maintenance and management of aggregate buildings, etc.

Article 15 (Decisions on Management Methods)

1. All matters, such as the methods of determining or modifying management expenses and business plans, and imposing methods thereof, shall be executed under the decision of the representative of owners, and one of the entrusted management or service companies shall be selected and managed;

2. The contract period for the entrusted management with a service company shall be one year or two years;

Article 36 (Imposition of Management Expenses)

1. Management expenses shall be the aggregate amount of the following items, and the composition, details and calculation methods thereof shall be as follows:

General management expenses: equally imposed on the sale area;

(b) disinfection and cleaning costs;