beta
(영문) 서울서부지방법원 2019.05.03 2017가단23786

관리비

Text

1. The defendant shall pay to the plaintiff KRW 50,905,870 and KRW 44,168,030 among them, from October 12, 2018 to the day of full payment.

Reasons

1. Facts of recognition;

A. The plaintiff is the council of occupants' representatives of Yongsan-gu Seoul Metropolitan Government apartment A (hereinafter "the apartment of this case").

(Non-Party A management body is an organization organized for the management of non-residential sectors, such as officetels and commercial buildings among the apartment buildings in this case, and the manager C, the representative, entrusted the whole management duties to the Plaintiff).

The registration of ownership preservation was completed on September 1, 2013 with respect to the instant apartment Ddong E (officetel; hereinafter “E”) and Fdong G (hereinafter “Ghos”) on September 11, 2013 due to the sharing of shares of 11/50, K, and L 1/50, respectively, and the shares of H (H, February 29, 2016), on June 15, 2016, the registration of ownership preservation was completed on September 27, 2017, with respect to the shares of H (O, February 29, 2016) 78/350 shares of the Defendant, who is the wife, and the shares of M and N, 52/350 shares each due to inheritance division, and on April 27, 2017, the registration of transfer was completed on April 2017.

C. On November 28, 2013, the network H paid KRW 599,00 in advance of the management expenses for E heading management and KRW 730,000 in advance of the management expenses for G heading management, received each occupancy certificate and payment notice of the management expenses, completed an occupant card and consented to the use of information on the occupant card, and received each management rules and management contract.

On July 1, 2014, the network H prepared an occupant record card under subparagraph (E) while his/her husband and wife resided, and registered BMW vehicle (P) as a vehicle for use on July 22, 2014.

The network H, on July 22, 2014, prepared a written confirmation that he/she is the actual user of the relevant BMW vehicle, registered the said vehicle in G, accompanied by the certificate of registration of the said BMW vehicle, and occupied the said vehicle in G, together with the Defendant, N, Q, etc., the denied on October 14, 2014.

On November 28, 2013, the above J filed a lawsuit seeking return of unjust enrichment equivalent to the royalty against H on December 11, 2015, asserting that “E and G key was released to H on November 28, 2013, and thereafter, H’s family members occupied E and G,” and the appeal court is currently proceeding.

The net H submitted on January 12, 2016.