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(영문) 수원지방법원성남지원 2015.07.17 2014가단210882

부당이득금반환

Text

1. Defendant B management body shall pay to the Plaintiff KRW 41,840,000 as well as 20% per annum from June 27, 2014 to the date of full payment.

Reasons

1. Basic facts

A. Status 1) D Mayor is the party E and F ground neighborhood living facilities in Sungnam-si, Sungnam-si (hereinafter “instant commercial building”).

Defendant B Management Body (before change: Dmarket Management Body, D Market Management Committee, hereinafter “Defendant Management Body”)

(2) The Plaintiff (formerly changed: G Co., Ltd.) leased 523 square meters among the 1st floor of the instant commercial building and operated the sales store of electronic equipment in the name of “H”, which is composed of the sectional owners of the instant commercial building, and removed from the said store around December 2012.

The chairperson I of the defendant management body and the defendant company shall entrust the management business (hereinafter referred to as "management business") of the instant commercial building and its ancillary facilities (hereinafter referred to as "collective building"), and the defendant company shall be entrusted to the defendant company, and the defendant company shall comply with the relevant laws and regulations and manage them in accordance with the principle of trust and good faith.

Section 2 (Contents of Business) The consignment management under this Agreement shall carry out the following duties with respect to aggregate buildings:

1. Operation, maintenance, repair and safety management of the section for common use of the aggregate building;

2. Guard, parking, cleaning, disinfection and garbage collection of aggregate buildings;

3. Collection of the management expenses and fees, and vicarious payment of public imposts;

4. Collection, accumulation and management of long-term repair appropriations;

5. The defendant company under Article 5 (Items of Management Expenses) may not impose management expenses other than management expenses to be borne by the occupants under Article 43 of the Housing Act and Article 58 of the Enforcement Decree of the Housing Act.

Provided, That where it is inevitable, it shall be implemented in accordance with the relevant Acts and subordinate statutes after obtaining prior approval from the defendant management body.

Article 7 (Period for Payment and Collection of Management Expenses) The payment deadline for management expenses shall be the 15th day of each month, but if the payment deadline is a legal holiday, it shall be the following day, and the management expenses shall be collected from the financial institution designated by the defendant management

Article 11 (Matters to be Reported by Defendant Company) The Defendant Company shall: