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(영문) 부산지방법원 2019.11.28 2018가단339948
관리비등 반환 청구의 소
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. The Plaintiff and the designated parties were awarded a bid for each of the units of the B Apartments in the original city through a public auction as follows, and entered into a sales contract for each of the units with the FF Co., Ltd. on September 4, 2018.

Plaintiff

In addition, the designated parties paid all the purchase money stipulated in the above sales contract, and completed the registration of ownership transfer for each head office.

Plaintiff

The purchase price of the family room A A 168,478,800 won C H heading 165,710,965 won D I heading 160,176,380 won, E J heading 160,176,380 won

B. Meanwhile, the Plaintiff and the designated parties paid unpaid management expenses, etc. (hereinafter “unpaid management expenses, etc.”) to the Defendant as follows:

Plaintiff

The fact that: (a) the sum of the unpaid management expenses in the room of the Selection and the unpaid gas cost of A G 9,654,040 won 792,790 won 10,446,830 won C H 9,521,380 won 2,203,200 won 11,724,580 won 9,909,750 won DI 9,909,750 won 9,909,750 won 10,084,790 won 10,79,790 won / [based] 10,084,790 won / [based on recognition] 10,084,790 won ; (b) each entry in the evidence of subparagraphs 1 through 3 (including the serial number); and

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff and the designated parties paid the unpaid management expenses, etc. to the Defendant at the Defendant’s request that the Defendant could not move into each subparagraph if the unpaid management expenses, etc. are not paid. ① The Plaintiff and the designated parties are not liable for the unpaid management expenses, etc. for more than three years after the short-term extinctive prescription expires, and ② the amount of unpaid management expenses, etc. claimed by the Defendants is unclear. ② Therefore, the Defendant is liable to return the unpaid management expenses, etc. to the Plaintiff and the selected parties for unjust enrichment, excluding the unpaid management expenses, etc. or

(B) However, the plaintiff sought full return of unpaid management expenses, etc. (the plaintiff specified the claim).

Judgment

1) In full view of each description of No. 2, No. 1 through No. 3, No. 2, and No. 1 through No. 3 (including paper numbers), the Plaintiff and the designated parties involved in the business.

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