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(영문) 수원지방법원 2017.01.17 2015가단62186
부당이득금반환
Text

1. The Plaintiff, Defendant B, Defendant C, Defendant C, Defendant C, Defendant D, Defendant D, KRW 206,364, and Defendant E, KRW 180,00,00.

Reasons

1. Defendant C, D, G, and H’s assertion that the Plaintiff is not a party to the lawsuit, and Defendant C, D, G, and H’s management office, not the Plaintiff, may file a claim for restitution of unjust enrichment against the said Defendants, on the grounds that the management office, which is the entrusted management authority of the Hosung A Apartment (hereinafter “instant apartment”), rather than the Plaintiff, may file a claim for restitution of unjust enrichment against the said Defendants. Thus, the Plaintiff asserts

In the apartment that has determined management methods of the apartment under the former Housing Act (amended by Act No. 9865, Dec. 29, 2009), the head of the management office, an autonomous management organization and the head of the management office, who is the managing body, is merely an execution institution of the council of occupants' representatives, which is a non-corporate group, and cannot be deemed the subject to whom the rights and obligations accrue (see Supreme Court Decision 2014Da62657, Jan. 29, 2015). The subject to whom the rights and obligations concerning the apartment of this case belongs, is the plaintiff, who is the council of occupants' representatives of the apartment of this case (hereinafter referred to as

Therefore, as seen below, the parties are entitled to file a claim for return of unjust enrichment against the Defendants in relation to the management of the apartment of this case. Thus, the above defendants' above assertion is without merit.

2. Judgment on the ground of the Plaintiff’s claim

A. (1) The plaintiff's assertion as to the claim against the defendant B is in office as the chairperson of the council of occupants' representatives from July 2010 to June 2012. The plaintiff's assertion as follows: (1) where the defendant B receives in cash 1,00,000 won, without a qualified evidence of evidence, for the payment of the money to be paid by the defendant's individual with a resolution of the council of occupants' representatives; (2) where there is no eligible evidence in cash, 4,745,00 won, (3) where the officer's life saving allowance is received without the ground of the management rules; (4) where the surplus incurred in managing the electricity fees is withdrawn under the name of incentives, and (5) where part of the expenses specified in the management rules are collected in excess of the operating expenses, and is used as the defendant's food, etc.

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