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(영문) 부산지방법원 2017.08.22 2016가단327996
부당이득반환
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 7,408,332 to the Plaintiff (Counterclaim Defendant) and its related amount from July 26, 2016 to August 22, 2017.

Reasons

Basic Facts

On February 1, 2015, the Plaintiff was a company that entered into a contract for the management of the building in this case (from February 1, 2015 to January 31, 2016; the term of the contract has been extended from February 1, 2016 to January 31, 2017) with the main apartmenttel A (hereinafter referred to as “instant building”) located in Busan Shipping Daegu, and the Defendant is the management body of the instant building established under the Act on the Ownership and Management of Aggregate Buildings.

Some of the sectional owners of the instant building constituted a preparatory committee for the establishment of a management body, and with the consent of at least one-fifth of all sectional owners, the establishment of the management rules, the appointment of the head of the management body and the management committee on August 15, 2015, and the composition of the management body to delegate procedures for the selection of the management company.

In the management body meeting above, C was appointed as the head of the management body (the defendant who is the management body of the building of this case and serves as the manager) and composed of the management committee, and there was a resolution to delegate all the duties such as the criteria and procedures for the selection of the management company to the management committee.

In accordance with the above resolution of the management body meeting, the management committee selected DNA Co., Ltd. (hereinafter referred to as “disio”) as a management company on December 14, 2015, following the public announcement of the selection of controlled entities on December 11, 2015.

On December 17, 2015, the Defendant concluded an entrusted management contract on the instant building with Dralo.

On December 21, 2015, the Defendant notified the Defendant of the management of the instant building by December 23, 2015 and to leave the section for common use of the instant building by December 23, 2015.

From November 2015, the Defendant and Daehan issued management expenses and the notice to impose them, and delivered them to the occupants of the instant building, and C, the representative of the Defendant, did not have management authority over the Plaintiff and D well-dying Holdings.

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