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(영문) 부산지방법원 2017.02.16 2014가합11898

부당이득금반환

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 26, 2004, Defendant B, a manager of Busan Shipping Daegu F (hereinafter “the instant aggregate building”), prepared a written agreement on the management of the instant aggregate building and a written consent to the enactment of the management rules (hereinafter “written consent to the enactment of the instant management rules”), and managed the instant aggregate building and its affiliated facilities and welfare facilities and equipment in accordance with the building management contract concluded on February 1, 2005 (hereinafter “the instant management contract”). After being delegated with the affairs related to the maintenance, repair, and safety management of the instant aggregate building, Defendant B was directly in charge of the management office of the instant aggregate building.

B. Defendant C was elected as the manager of the instant aggregate building in the resolution of July 14, 2006 by the F Management Body (hereinafter “the instant management body”), and Defendant D was the manager of the instant aggregate building around 2010.

C. From July 2005, Plaintiff A owned 703 units of the instant aggregate building from around July 2005, and Plaintiff CKas Co., Ltd. (hereinafter “CAS”) leased 703,704 units of the instant aggregate building from June 26, 2007 to August 2010 from Plaintiff A and G.

Plaintiff

A and Defendant B have continuously settled disputes relating to the payment of the management expenses of the instant condominium building (hereinafter “management expenses of this case”). Defendant B filed a lawsuit against the Plaintiff for the payment of KRW 50,000 as consolation money for damages incurred to Defendant B due to the Plaintiff’s defamation act and accusation without any basis, etc. under the court 2012Gada88989, which was the court 2012Gada899, and in the litigation procedure, Defendant B and the Plaintiff were under the jurisdiction of this court 2013Ma229 on March 20, 2013 (hereinafter “instant conciliation”). The following conciliation was established between Defendant B and the Plaintiff (hereinafter “instant conciliation”).

1. Defendant B shall, upon the request of the Plaintiff A.