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(영문) 수원지방법원 성남지원 2018.07.18 2017가단214182
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion is a management body established pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings with all sectional owners of the building A (hereinafter referred to as "the building in this case") in Sung-nam-si as members of all sectional owners of the building in this case.

(3) The defendant concluded a real estate lease contract for the installation of outdoor equipment on the rooftop of the building of this case for a period from October 12, 2007 to October 1, 201, and concluded a real estate lease contract for the total of KRW 13,300,000 each year for the use of the rooftop rent of KRW 13,30,000 on October 3, 2007, ② KRW 300,000 on 3,30,000, and KRW 300,000 on 20,00,00 for the total of KRW 23,30,000,00 for 20,000 for 20,000,000 won for the rooftop of the building of this case (the total of KRW 13,30,000,000 for 30,000,000 for the use of electric equipment on the rooftop of this case).

However, since the rooftop of this case belongs to co-ownership of sectional owners, the amount received as a rooftop usage fee and electricity fee by leasing part of the rooftop of this case to each telecommunications company shall belong to the plaintiff established automatically under Article 23 of the Act on the Ownership and Management of Aggregate Buildings with all sectional owners as members, but the defendant without title.

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