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(영문) 인천지방법원부천지원 2014.07.15 2013가단7211
부당이득금
Text

Defendant B’s KRW 1,808,430 and its amount from February 25, 2009; Defendant C’s KRW 5,193,750 and its amount.

Reasons

Facts of recognition

The Plaintiff consists of occupants of Kimpo-si E apartment (hereinafter “instant apartment”) from 2006 to the following management rules (hereinafter “instant management rules”).

Article 16 (Election of Representatives by Building) (1) The fixed number of representatives by building constituting the council of occupants' representatives shall be 19 persons in total, and the representatives by building elected by each building pursuant to Article 50 (1) of the Enforcement Decree of the Housing Act shall be one person.

Article 17 (Composition of Council of Residents' Representatives) (1) The council of occupants' representatives shall appoint the prescribed number of representatives by buildings elected under Article 16 (1) as members (hereinafter referred to as the "members").

Article 24 (Method of Resolution) (1) The attendance and resolution of a meeting shall require the consent of a majority of the members provided for in Article 17 (1) of the Management Rules pursuant to Article 51 (1) of the Enforcement Decree of the Housing Act.

Article 74 (Rewards) (3) Where an employee of the management entity has the effect of reducing the budget due to a proposal for management affairs, improvement measures, etc., a monetary reward may be paid within the extent of 1/10 of the management expenses saved in such proposal, etc., and where an employee or resident participates in the repair works for common areas, etc. and provides his/her labor, a monetary reward may be paid within the extent of 50 percent of the standard labor expenses

On April 12, 2008, this provision was amended to "(4) residents or employees of the management body may pay 50% of the cost of labor calculated in the government standard pumsem if they participated in the outside ordering section repair works, etc. ordered by the apartment complex, or provide labor for the rights and interests of residents."

Article 77 (Amendment of Regulations) (2) The method of amending the management rules shall be determined with the written consent of a majority of occupants, etc. by proposing at least 1/10 of the council of occupants' representatives or occupants, etc. in accordance with the management rules under the latter part of Article 57 (2) of the Enforcement Decree of the Housing Act.

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