불법관리비 반환
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
3. The first instance.
1. The reasoning for the court’s explanation on this part of the facts is as stated in Paragraph (1) of Article 420 of the Civil Procedure Act, except for the addition of “A evidence 7” as stated in Paragraph (1) of Article 1 of the reasoning of the judgment of the court of first instance, and adding “A evidence 13” following the “certificate 7” as the ground for recognition of Paragraph (1), and “A evidence 13” as stated in Paragraph (1) shall be presumed to have been established, and then, it shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the main claim
A. The resolution of the general meeting of July 27, 2006, which was enacted the rules of the management body of the Plaintiff’s assertion, is null and void without a resolution of at least 3/4 of sectional owners as stipulated in Article 29 of the Act on Ownership and Management of Condominium Buildings (hereinafter “the Act”).
An entrustment contract for building management concluded based on the management body agreement of this case based on an invalid resolution at a general meeting is null and void.
Therefore, the defendant cannot be deemed a legitimate managing body of the building of this case.
The defendant is obligated to pay to the plaintiff 4,778,80 won for management expenses already paid as unjust enrichment and damages for delay.
B. The reasons why the court should explain this part of the judgment are 3.A. of the first instance court's reasoning.
(3) Paragraph 7 of Article 420 of the Civil Procedure Act shall be cited in accordance with the main text of Article 420 of the Civil Procedure Act, except for the deletion of “ insofar as there is no assertion or proof that the instant management body notified in writing an objection to the extension of the entrustment contract term for building management.”
3. Judgment on the counterclaim
A. (1) Determination as to the cause of the counterclaim is based on the following: (a) Notice of Management Fee Notice No. 9-17 to 52 of the unpaid Management Fee Claim No. 9-2; (b) Evidence No. 30-1 and 2; and (c) the entire purport of the argument.