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(영문) 의정부지방법원 2016.06.23 2016나51492
부당이득금
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. Basic facts

A. The Plaintiffs completed the registration of ownership transfer on December 6, 2010 with respect to each 1/2’s shares out of Seoyang-gu Seoyang-gu Seoul Metropolitan City C 101, and completed the registration of ownership transfer to D again on February 27, 2015. However, the Plaintiffs leased the said 101 shares to E from April 201 to February 2015 during the ownership holding period.

B. Under Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “Aggregate Buildings Act”), the Defendant is a management body established for the purpose of implementing the project relating to the management of the said building and its site and its accessory facilities.

C. From April 201 to February 2015, E paid KRW 3,304,570 per month each 70,310 won (=70,310 won x 47 months) to the Defendant under the name of the long-term repair appropriations. On March 4, 2015, E received the said KRW 3,304,570 from the Plaintiff, etc.

On the other hand, the defendant opened an extraordinary general meeting on October 1, 2010, and resolved to collect the long-term repair appropriations in the amount of KRW 59% of sectional owners and KRW 500 per square meter of the management area with the consent of 71% of voting rights.

E. On November 29, 2010, the Defendant passed a resolution to enact the management rules with the consent of 83% of sectional owners and 92% of voting rights by opening a general meeting again. Of them, the parts related to the long-term repair appropriations are as follows.

Article 5 (Long-Term Repair Reserves)

1. The representative meeting of the management body shall formulate a long-term repair plan in preparation for changes to the structure of buildings exceeding the general management scope for common areas, special repairs of facilities, replacement and repair of major facilities, and other matters;

2. The representative meeting of the managing body shall impose on each sectional owner the long-term repair plan for long-term repairs;

3. The method and amount of accumulation, use procedure and methods of the long-term repair appropriations shall be determined by the representative meeting of the management body;

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 13 (including additional numbers), the purport of the whole pleadings

2. The plaintiff et al. asserts and determine the plaintiff et al.

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