부당이득금
1. The Defendants shall pay to the Plaintiffs each return amount as set out in the separate sheet No. 1 and set forth in the separate sheet No. 2.
1. Facts of recognition;
A. The Plaintiff A Co., Ltd. (hereinafter “A”) is the owner of the 9th and the 10th and the 10th and the 10th and upper floors of the Chuncheon H building (hereinafter “instant building”). The Plaintiff B Co., Ltd. (hereinafter “B”) is the owner of the 5th and the 1st and upper floors of the instant building. The Defendants are sectional owners holding each of the 1st and upper floors of the instant building.
B. Since the completion of construction, the management body composed of sectional owners of the instant building could not perform substantial activities due to the bankruptcy of the owner of the instant building from the time of the construction.
Accordingly, with respect to the section for common use of the instant building, Plaintiff A had been managing each of the instant buildings from the completion date to January 31, 2014, and Plaintiff B from February 1, 2014 to then.
C. The details of management expenses incurred by the plaintiffs in managing the building of this case according to the defendants' share ratio are as shown in attached Table 1.
[Ground of recognition] Defendant 1 through 4 confessions, absence of dispute, entry of Gap 1 through 2-12, the purport of the whole pleadings
2. Determination
(a) Defendant 1 through 4: Confession (Article 150 of the Civil Procedure Act);
B. The management body of the instant building, the purpose of which is to carry out the business of managing the building, its site and its accessory facilities, consisting of all sectional owners, the respective units of the instant building of which are sold in lots and the sectional ownership relationship is established. However, as seen in the facts of recognition, the management body of the instant building did not engage in actual activities until now after its completion, and the seller did not manage the said building due to default.
In this situation, the plaintiffs, some of the sectional owners, have managed and borne the costs of the building of this case, which is the act of preserving the building which the co-owners can make (the proviso of Article 16 (1) of the Act on the Ownership and Management of Aggregate Buildings). The co-owners are in accordance with their share ratio.