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(영문) 인천지방법원부천지원 2017.11.23 2016가단2682

부당이득금반환금

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”) for the management and operation of sites and buildings of D department stores located in Seocheon-gu, Seocheon-gu, Suwon-si (hereinafter “the instant department stores”), the Defendant is a management body comprised of all sectional owners, and managed the instant department stores, and imposed and collected management fees on and from the occupants of the instant department stores.

Plaintiff

Management expenses already paid for the management expenses, which are imposed on the period of ownership of the area from the 4th floor/heading, A 178-4m2 on January 2006 to October 11, 2007, 886, 970, 415 won 4,416,600 B 178-4m2 from November 30, 2013 to August 30, 2013, 919, 595, 485, 485, 12,888,500 won C 4-42, 65-7.84m2 (3.92m2) on the total of 65-7.84m2 (3.92m2) on May 50, 2015 to May 618, 797,785 won, 407,000 won

B. The plaintiffs are sectional owners holding four rooms of the fourth floor as follows. The defendant imposed the amount of "management expenses imposed" on the plaintiffs as management expenses, and the plaintiffs paid the amount indicated in the "management expenses for the term payment" as management expenses to the defendant.

The total amount of the department stores of this case is 45,077.28m2.

C. There was no management agreement in force on the department stores of this case. The defendant imposed management fees on the plaintiffs for the section for common use. The management fees imposed by the defendant consisting of each item of "cleaning service charges, cleaning expending goods, security service charges, bus service charges, cost of removal of household garbage, food and waste, facility management service charges, music copyright charges, building management service charges, fire, insurance premiums, elevator maintenance and repair charges, disinfection charges, road, facility rental charges, repair and maintenance expenses, office rent, office rent, commercial room maintenance expenses, telephone communications charges, traffic congestion charges, environmental improvement charges, general management expenses, electricity charges, water charges, gas charges, part of advertisement expenses."

Criteria for each item of management expenses shall be as specified in the following table:

The criteria for the imposition of fire insurance premiums and elevators for management expenses.