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(영문) 의정부지방법원 2016.07.14 2015나8682
부당이득금
Text

1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the above revoked part shall be dismissed.

Reasons

1. Presumed facts

A. On March 5, 2014, the Plaintiff acquired ownership of B apartment Nos. 104 and 502 (hereinafter “instant apartment”) located in C at the time of strike through a voluntary auction procedure (hereinafter “instant apartment”).

The defendant is an organization comprised of occupants to conduct the management business, etc. of the above B apartment.

B. Article 16(1) of the management rules states, “The management body may exercise claims, such as management expenses, user fees, long-term repair appropriations, etc. against a person who succeeds to the status of the occupant,” and Article 16(2) of the management rules states, “If the occupant, etc. fails to pay the management expenses, etc., he/she shall bear the burden of the person who succeeds to the status of the occupant

C. D, an agent of the Plaintiff in the process of paying delinquent management expenses, around 10:00 on June 20, 2014, visiting the said apartment management office with E, a resident at the time of the instant apartment, and visiting the said B apartment management office to the said apartment on September 1, 2013, for the calculation period of September 1, 2013 for the said apartment.

9. The relevant management expenses shall be 30.

(hereinafter the same shall apply)

From May 2014, 6,468,30 won in arrears management expenses and late payment fees, and on June 1, 2014, the calculation period of interim settlement management expenses from June 1, 2014

6. 22. It refers to the management expenses which have been settled halfway;

The "Detailed Management Fee Calculation Statement" was issued, stating the sum of KRW 303,230 as KRW 6,771,530 as the amount to be paid.

At around 12:00 on the same day, the Plaintiff paid all 6,771,530 won, such as the management expenses in arrears, to the Defendant through the management expenses account stated in the above calculation statement.

Detailed details of KRW 6,771,530, such as delinquent management expenses, etc. shall be as follows:

1) The aggregate of management expenses, etc. from September 1, 2013 to March 4, 2014: The aggregate of management expenses, etc. from March 5, 2014 to June 22, 2014: 2,145,760 won for the arrears on management expenses of KRW 4,625,770, 790 3,589,589,090 for common use 985,330,51,350 1,036,680; 4,396,630,630 29,629,140,625,770 (unit (unit) 2) for the aggregate of management expenses, etc. from March 5, 2014 to June 22, 2014: 2,145,760 won for management expenses of KRW 2,026,810.

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