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(영문) 서울중앙지방법원 2019.04.11 2018가단5103665

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserts that it is a management body under the Gangnam-gu Seoul Metropolitan Government Act on the Ownership and Management of Aggregate Buildings. The Defendant is not related to the management body’s affairs while holding office as the representative of the management body from September 2012 to October 2016, or that it is obligated to pay KRW 48,91,240 as unjust enrichment or damages in violation of the management rules.

However, it is insufficient to recognize the evidence Nos. 1-1 and 7-4 only by the statement of the evidence Nos. 1-1 and 7-4, and there is no other evidence to prove otherwise. Rather, according to the evidence Nos. 1 and 2, in a case where the plaintiff filed a complaint against the defendant on charges of occupational embezzlement, occupational breach of trust, etc., the Seoul Central District Prosecutors' Office was granted a refund of the expenses actually paid by the defendant, paid as expenses for the efforts and contributions of the officers of the council of occupants' representatives or the management office, or paid as expenses for the efforts and contributions of the officers of the council of occupants' representatives or the management office, or was not subject to the resolution of the

2. If so, the plaintiff's claim is dismissed as it is without merit.