부당이득금반환
1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.
2. Costs arising from an appeal and an incidental appeal shall be respectively.
1. The reasons for this part of the basic facts are as stated in the judgment of the court of first instance.
It shall be quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination on the claim for unpaid management expenses of this case
A. 1) The summary of the Plaintiff’s assertion that the Act on the Ownership and Management of Aggregate Buildings should bear the management expenses for the section for common use according to the ratio of the sale area. Thus, even if the Defendant has a separate heating and cooling facilities and human resources for the management of his/her section for exclusive use, this does not constitute grounds for the reduction of management expenses
In addition, the retroactive reduction or exemption of the management fee of this case only for the defendant brings about a change in the contents of the management rules, so the consent of at least 3/4 of the sectional owners and at least 3/4 of voting rights should be obtained in accordance with Article 29 of the Aggregate Buildings Act and Article 12 of
However, the resolution to reduce the unpaid management expenses of this case made at the representative meeting of this case is null and void as it fails to meet the above requirements.
Therefore, the defendant is still obligated to pay the unpaid management expenses of this case.
(2) The Plaintiff’s assertion is based on the following: (a) the Plaintiff claimed the return of unjust enrichment received by receiving the exemption from the instant unpaid management expenses; and (b) requested only the payment of unpaid management expenses on the first day of pleading in the trial; and (c) withdrawn the part seeking the return of the said unjust enrichment on the first day of pleading in the trial. Furthermore, on the first and second floors underground where “D” facilities operated by the Defendant are located, the Defendant’s main point of argument is that the Defendant received the correction of the management expenses included in the portion
In addition, the members of the representative meeting of this case have been delegated by the sectional owners or sectional owners, and the matters concerning the imposition of management fees shall be resolved by the increased quorum.