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(영문) 서울동부지방법원 2015.12.04 2015나4087 (1)
부당이득금반환
Text

1. Revocation of a judgment of the first instance;

2. The Defendant shall pay to the Plaintiff KRW 21,321,063 as well as the full payment with respect thereto from August 12, 2014.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous organization that consists of representatives elected by the occupants for the management of the Mauri-un housing repair and Mauri-dong Housing Redevelopment Project (hereinafter “instant apartment”) constructed through the Housing Redevelopment Improvement Project in Zone 12 in Seongdong-dong, Seongdong-gu, Seoul. The Defendant is a corporation that operates multi-family housing management business.

B. On September 14, 2012, the Housing Redevelopment Project Association concluded an apartment complex management contract (hereinafter “instant management contract”) with the Defendant on the following matters for the management of the instant apartment.

Article 2 Entrustment Management (1) Management affairs entrusted by "A" to "B" shall be as follows:

1. Pursuant to Article 43 (8) of the Act, the managing body shall perform the duties falling under any of the following subparagraphs:

In such cases, common areas of the collective housing may be used within the necessary scope.

The Minister of Health, Welfare and Family Affairs shall conduct the following activities:

1. Maintenance, repair and safety management of common areas of multi-family housing:

2. Guard, cleaning, disinfection and garbage disposal within the collective housing complex;

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

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

5. Enforcement of the matters determined by the management rules;

6. Execution of matters resolved by the council of occupants' representatives;

7. Other matters prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport and affairs of the management entity under the subparagraphs of Article 25 of the Rules.

2. In addition to the duties referred to in subparagraph 1, the entrusted management organization organized under Article 5 (1) 1 shall be established in the management office of "A", where the head of a management office is the general manager.

(2) The entrusted management organization shall assign the following human resources:

Provided, That the schedule of the composition and placement of human resources shall be invested after consultation with "A".

A person shall be appointed.

1. Clerical personnel: A warden;

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