부당이득금반환
1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim extended by this court is dismissed.
2...
1. Facts of recognition;
A. The Plaintiff is the owner of the second basement 962.40 square meters underground of the Gu building B (hereinafter “instant building”) during Ansan-si, and the Defendant is the management body of the instant building.
B. The section for exclusive use and the section for common use and its ratio on each floor of the instant building are as shown in the attached Table.
C. On December 196, 1996, the Defendant imposed the management expenses for the section for common use in proportion to the ratio of the area sold by each sectional owner among the total area sold.
The management rules of the defendant do not have special provisions concerning the method of bearing the management expenses for common areas.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 5, and 7, the appraisal result by appraiser C, the purport of the whole pleadings
2. The management fee for the section for common use to be borne by the Plaintiff in the summary of the Plaintiff’s assertion is 7.25% (i.e., 343m2) calculated according to the ratio of the area of the section for common use (343.8m2) of the second floor below the instant building among the total area for common use in the public register (4,744.3m2).
However, the Defendant imposed management expenses for the section for common use on the Plaintiff in accordance with the Plaintiff’s ratio (9.4% = 1,306.2m2m2 of the Plaintiff’s parcelling-out area ¡À13,898.12m2 x 100) of the total parcelling-out area x 21,573,730 of the management expenses for the section for common use from April 2013 to January 2018.
Therefore, the defendant is obligated to return unjust enrichment equivalent to the management expenses paid additionally by the plaintiff to the plaintiff.
3. Article 17 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Act") provides that "Each co-owner shall bear the management costs of the section for common use and other obligations, and gain profits arising from the section for common use according to the ratio of his/her share unless otherwise stipulated by the regulations." Article 12 (1) and (2) of the same Act provides that the share of each co-owner shall be based on the ratio of the area of his/her section for exclusive use.
In the case above.