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(영문) 서울중앙지방법원 2014.11.14 2012가단12601

불법관리비 반환

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 16,006,785 to the Defendant (Counterclaim Plaintiff) and its related amount from May 30, 2012 to November 14, 2014.

Reasons

1. Facts of recognition;

A. The defendant (the former trade name is "C") is a corporation with the purpose of real estate management business, etc., and on September 23, 2005, the defendant (the former trade name is "C") constructed and sold the building of this case with Dongyang C Co., Ltd. (hereinafter "Dongyang C") that newly constructed and sold the building of this case with respect to the five underground floors and the 18th floor above the ground (the commercial building from the underground first to the eightth floor above the ground, and the 9 to the 18th floor above the ground) located in Dongdaemun-gu Seoul, Dongdaemun-gu, and the 18th floor above the building of this case (hereinafter "the building of this case"). Since the execution of the above entrustment contract with the building of this case, the plaintiff is the owner of the store of this case, which is the owner of the 1st underground floor, non-52, non-53, non-54, non-55-1, non-55-2, non-55-3 and 802.

B. When entering into a sales contract with the number of buyers of the divided stores of the building of this case, Dongyang C&C entered into a sales contract stating that "the management of the commercial building after entry shall be entrusted and managed by the authorized administrator designated by Dongyang C&C or the authorized administrator of Dongyang C&C for the maintenance of order in the early stage, operation and management methods, and settlement of the system, and in this connection, the purchaser shall enter into a contract with the organization organized by Dongyang C&C or the authorized administrator. The purchaser shall enter into a separate management contract (the management rules and operation rules) stipulating the details of the use and management of the sales goods under this contract at the time of the payment of the balance, and shall comply with it."

C. On September 23, 2005, Yangyang Co., Ltd. concluded an entrustment contract with the Defendant to entrust the management of the building of this case with the term of the contract of two years. Article 2 subparag. 7 of the above contract provides that management expenses shall be imposed, collected, deposited, and used, and Article 13 of the above contract shall be delegated.