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(영문) 서울북부지방법원 2017.09.05 2017나115

부당이득금 반환

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The plaintiff is a resident of Jung-gu Seoul Metropolitan Government B apartment (hereinafter "the apartment of this case"), and the defendant is the council of occupants' representatives of the above apartment of this case.

B. On January 16, 2015, the Defendant decided to raise the subsidy for senior citizens’ clubs at the council of occupants’ representatives held on January 16, 2015 from 100,000 won per month to 150,000 won per month, and to pay 50,000 won per month to the general secretary.

C. The Defendant spent KRW 900,000 for senior citizens center subsidies from January 2015 to June 201 of the same year, and KRW 300,000 for senior directors’ business promotion expenses.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 3 evidence, Eul's 3, the purport of the whole pleadings

2. The assertion and judgment

A. The management rules of the instant apartment that the Plaintiff asserted stipulate that only KRW 100,000 per month may be subsidized to the center for senior citizens as operating expenses of the council of occupants' representatives, and since there are no relevant provisions on business promotion expenses for the general secretary-general, the Defendant spent KRW 600,000 [30,000,000 won for senior citizens (per 50,000 won x 6 months x 6 months x 6 months ] to the Plaintiff who is the resident without any legal ground.

Therefore, the defendant is obliged to return this to the plaintiff who is the resident by depositing it into the passbook of miscellaneous profits of the defendant.

B. The following circumstances are considered comprehensively taking account of the respective descriptions of evidence No. 3, evidence No. 2, and evidence No. 2, and No. 3 as well as the overall purport of the pleadings, i.e., the support fund for the center of senior citizens paid by the Defendant to the center of senior citizens, which is a miscellaneous profit, was paid 1.8 million won out of the earned surplus No. 20,450,231 in the apartment management office of the instant apartment in 2014 as the support fund for the community activation organization (such as this, the priority reserve of earned surplus as the support fund for the community activation organization would be based on the audit results of the Jung-gu Office of Junggu Office), and even in accordance with Article 59(2) of the