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(영문) 수원지방법원평택지원 2016.11.10 2016가단4797
부당이득금 반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The Plaintiffs asserted that Plaintiff A operated the 5 and 6th century located in Pyeongtaek-si D (hereinafter referred to as “C Sarido”) until February 2015, and Plaintiff B operated C Sarido from March 2015 to February 2016.

The plaintiffs independently used the whole 5th and 6th floor, pay related fees, and operate rain. The defendant divided and imposed expenses for the installation and maintenance of CCTV installed on the 1st and 4th floor, and the toilet water rate installed on the 1st and 4th floor into the whole size of the plaintiffs. The defendant imposed 1/3 of the cleaning service expenses for cleaning the 1st and 4th floor toilets and the corridor, and the water tank cleaning expenses used on the 1st and 4th floor, and received them from the plaintiffs. The costs for cremation used on the 1st and 4th floor toilets were imposed upon the plaintiff B, and unjust enrichment was imposed upon the plaintiff B.

In addition, without the resolution of the sectional owners, the defendant received the long-term repair appropriations from the plaintiff A or B, and unilaterally received KRW 6,620,000 from the plaintiff, and without any criteria the plaintiffs did not pay part of the management expenses, and the defendant's representative imposed late payment charges on the plaintiffs without any criteria. The defendant's representative claimed service charges of KRW 1,00,000 per month and received them from the plaintiffs.

The defendant has a duty to return to the plaintiff A the amount of 25,187,124, and to the plaintiff B the amount of 13,788,596 as unjust enrichment.

2. Determination

A. First, as to the cost of installing and maintaining CCTV related to the first to fourth floor, the cost of installing and maintaining toilets, the cost of providing various cleaning services, and the cost of cremation, the cost of installing and maintaining the CCTV related to the third to the fourth floor are installed only in C, 5, and 6th floor, as alleged by the Plaintiffs, and the Plaintiff A through B fully manages and bears the cost of installing and maintaining the CCTV related to the second to fourth floor, and the cost of installing and maintaining the toilets, water supply fees, and all kinds of toilet water costs.

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