부당이득금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Plaintiffs are the owners or lessees of a shopping complex building A on the ground B of Young-gu, Suwon-gu, Suwon-si (hereinafter “instant building”).
Pursuant to Article 23 of the former Act on the Ownership and Management of Aggregate Buildings (amended by Act No. 10204, Mar. 31, 2010; hereinafter “former Aggregate Buildings Act”), the Defendant is a management body established automatically for the purpose of carrying out the business concerning the management of aggregate buildings and their sites by consisting of all sectional owners of the instant building as members.
B. The Defendant entrusted our asset management company with the collection of management expenses for the building of this case and collected management expenses. In imposing the management expenses for each household or household room, the amount to be borne was calculated proportionally according to the ratio of the sales area for each household or household room.
C. The instant building consists of apartment buildings, officetels, and commercial buildings. At the time of sale, the apartment and officetel sales area was determined by adding the exclusive area and the partial common area, while the sales area of commercial buildings was determined by including the exclusive area and the partial common area.
On the other hand, the management rules for the Act on the Ownership and Management of Aggregate Buildings and the instant building (hereinafter “instant management rules”) are as follows.
▣ 구 집합건물법 제12조(공유자의 지분권) ① 각 공유자의 지분은 그가 가지는 전유부분의 면적의 비율에 의한다.
(2) In cases under paragraph (1), if the area for a section for partial common use exists, the area for such section for common use shall be allocated according to the ratio of the area of the section for exclusive use by the sectional owners sharing it, and shall include the area
Each co-owner shall pay the expenses for the management of the section for common use in proportion to his share, unless otherwise prescribed by the regulations.