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(영문) 서울중앙지방법원 2015.06.25 2014가단60758

부당이득금반환

Text

1. Defendant J Management Body shall pay Plaintiff A KRW 9,590,00, KRW 12,08,800 to Plaintiff B, KRW 7,693,920 to Plaintiff C, and Plaintiff.

Reasons

1. Basic facts

A. The Plaintiffs are tenants who leased some of their stores among the 2nd underground and 8th ground-based J (hereinafter “instant building”) located in Gangnam-gu Seoul, Seoul, as indicated in the separate sheet “trade name and lake” column.

B. Defendant J management body (hereinafter “Defendant J management body”) is an organization established by the sectional owners of the instant building for the purpose of managing the instant building and the site incidental facilities pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”).

C. The building of this case was completed on May 31, 1997 by Defendant I et al., and part of the building (as approximately 1/3) was sold in general.

(C) A sectional owner of Defendant I et al. held a general meeting of the management body and passed a resolution on the management rules (which entered into force from July 28, 1997), and Defendant I elected Defendant I as the president (manager of the Aggregate Buildings Act).

The main contents of the management rules of the defendant management body shall be as follows:

Article 2:Co-owner means a person who has ownership of the section for exclusive use of a building.

The term "user" means a person, other than a sectional owner, who occupies the section of exclusive ownership.

It is different from the “manager” under the Act on the Ownership and Management of Aggregate Buildings.

the term "management body" means a person appointed by the management body to perform the authority and duties under relevant Acts and subordinate statutes, the management rules, and the regulations under these rules, and where entrusting the controlled entity, the entity and the management office.

Article 4: (1) Section owners shall appoint a managing body and manager to achieve the purpose under Article 1.

(3) The managing body shall be held responsible for determining the matters stipulated by these rules as a resolution body, and for supervising the affairs of the manager, and the manager shall manage the managing body with the care of a good manager in accordance with the relevant Acts and subordinate statutes, this rules and the matters determined by this Ordinance