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(영문) 인천지방법원부천지원 2016.10.04 2015가단104659
부당이득금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of the lawsuit are all the plaintiffs, including the costs incurred by the supplementary participation.

Reasons

1. Basic facts

A. The Defendant is a management body comprised of all sectional owners pursuant to the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”) for the management and operation of the site and buildings of H department stores located in Busan-si, Busan-si (hereinafter “instant department stores”). The Defendant managed the instant department stores, and imposed and collected management fees on and from the occupants of the instant department stores.

B. The Plaintiffs are sectional owners holding 17 rooms of 7th class among the department stores of the instant case.

(1) The details of each ownership are as follows: “The family room” and “owner” and “the area of the former land” (hereinafter “D”) among the details of calculation of unjust enrichment” in the attached Table.

The defendant calculated management expenses for the section for common use from March 2005 to June 2007 in accordance with the monthly imposition standards, and notified the plaintiffs.

[The total amount of the management expenses for the section for common use to the entire department store of this case during the above period is KRW 15,141,56,072 (attached Form 1 "Items C" among the calculation details of unjust enrichment), and the details of the management expenses notified to the plaintiffs are the same as the "management expenses notified" column in the above table.

The management expenses imposed by the defendant consist of cleaning service costs, cleaning service costs, security service costs, shuttle bus service costs, food waste collection costs, food waste collection costs, facility management costs, music copyright costs, building management service costs, fire and insurance premiums, disinfection costs, road maintenance and repair costs, road usage fees, repair and maintenance costs, office rent, exchange rent, office rent, commercial building maintenance costs, telephone communications cost, traffic inducement charges, environmental improvement charges, general management costs, water charges, gas charges, part of advertisement expenses.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 4, Eul evidence 1, 4, 5, and the purport of the whole pleading

2. The parties' assertion

A. The gist of the plaintiffs' assertion.

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