관리비등
1. The judgment of the first instance court, including the Plaintiff’s claim expanded in the trial room, shall be modified as follows.
2. The Plaintiff
1. Facts of recognition;
A. Party status 1) The Plaintiff is a department store A located in Seocheon-gu, Seocheon-si C (hereinafter “instant aggregate building”).
(ii) the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Act on the Ownership and Management of Aggregate Buildings”) for the management and operation of sites and buildings;
(2) The Defendant is a sectional owner who owns 155 square meters of the fourth floor of the instant aggregate building (3.92 square meters of the exclusive ownership area, 3.796 square meters of the corridor area) and owns a sectional owner who owns 155 square meters of the instant aggregate building.
(hereinafter “instant store”). (b)
Plaintiff
D, one of the sectional owners of the instant aggregate buildings, filed a lawsuit against the Plaintiff seeking return of unjust enrichment by asserting that the amount of management expenses imposed and collected in accordance with the Plaintiff’s management agreement is not reasonable (the repayment of unjust enrichment by Incheon District Court Decision 2010Kadan39712). The court determined that the Plaintiff’s management agreement was null and void on the ground that the Plaintiff’s management agreement did not obtain the consent of more than 4/5 of the sectional owners as stipulated in the main sentence of Article 41(1) of the Aggregate Buildings Act.
The plaintiff is dissatisfied with the appeal (In Incheon District Court 2013Na6254), the appeal (2014Da72197), but all of the appeals were dismissed, and the judgment became final and conclusive.
Since then, the management body's meeting for the enactment of the management body regulations was tried, but it was not possible to collect material resources, and therefore, there is no effective management body regulations in the aggregate building of this case.
C. The instant aggregate building structure is a complex building for the purpose of which sales, sports, business, or amusement facilities are integrated with the 7th underground or 12th underground floors. The 7th underground floor is a machine room, the 6th underground floor to the 2nd underground floor, the remainder of the 2nd underground floor to the sports facility, the 1st underground floor to the cafeteria and office, and the 1st underground floor to the 4th underground floor.