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(영문) 대구지방법원 2018.08.30 2017가합206520
부당이득금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of the lawsuit are assessed against C who is represented by the plaintiff.

Reasons

1. Basic facts

A. D [Location: Daegu Dong-gu E, 3 Dong-dong total of 259 households (Attachment 212, Officetel 36, and neighborhood living facilities 11); hereinafter “D”) obtained a construction permit on July 29, 2003; and obtained a construction permit on November 19, 2003 on April 5, 2007.

B. A [Location: the Daegu Dong-gu F, 129 households (Attachment 102, Officetel 24, and neighborhood living facilities 3; hereinafter “A”) obtained a construction permit on July 29, 2003; and it was commenced on November 19, 2003 and was approved for use on April 9, 2007.

(c) The designer, project supervisor, and contractor (field manager) of D and A are the same and the project owner is different;

D and A's respective sites are located immediately adjacent to roads.

E. For the entire management of D and D, the Defendant filed a report with the head of Daegu Metropolitan City Dong-gu, and the above report was accepted on May 1, 2008.

From around that time, the defendant performed management business (management method: entrusted management method) for D and A as a whole.

F. On June 5, 2017, the management body meeting held around 20:30 (hereinafter “management body meeting of this case”) to select the Plaintiff’s manager consisting of only sectional owners A and organize the management body.

At the management body meeting of this case, C (A) was appointed as a manager (the president), and H/I was elected as a member of the management body.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of whole pleadings

2. Plaintiff’s request

A. The Defendant, from April 2007, imposed management expenses and long-term repair appropriations on both D and A, and received them for about ten years from around 10 years.

However, although D and A were to be constructed on an adjacent parcel, they are not the same collective housing complex since approval for apartment construction project was separately granted for each apartment complex.

A is legal because the total number of households is less than 150.

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