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(영문) 부산지방법원 2019.01.09 2018나48854
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

The Defendant Atel Operating Committee shall be KRW 4,070,00,00.

Reasons

1. The reasoning for the court’s explanation on this part of the facts is the same as that of the judgment of the court of first instance, and thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act. 2. Claim and judgment

A. The plaintiff asserted that ① regardless of the name of the plaintiff and the defendants, the plaintiff and the defendants practically form a management body, so they are capable of becoming an independent management body. The plaintiff agreed to undertake the construction of this case. Accordingly, the plaintiff's total construction cost of KRW 98,650,23 (=12,100,000 (in advance payment of KRW 35,694,000) and other litigation cost of KRW 50,00,000 (per KRW 5,500,60,000 appraisal cost of KRW 6,60,000). Since the plaintiff and the defendants are obligated to pay to the plaintiff money equivalent to the ratio of the size of each sectional owner's share of the building of this case to the construction cost of this case. ② The defendants are obligated to pay to the plaintiff the amount of money corresponding to the ratio of the construction cost of the building cost of this case to the portion of exclusive ownership belonging to each sectional owner of this case to the plaintiff without consent to the construction cost of this case.

Judgment

1) Whether a party capacity is recognized or not, Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings.

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