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(영문) 인천지방법원 2015.08.13 2014나13037
부당이득금
Text

1. The part of the judgment of the court of first instance against the Defendants shall be revoked, and all of the plaintiff's claims corresponding to the revocation part shall be revoked.

Reasons

1. The reason why the facts of recognition are used in this part of this Court is the same as that of the pertinent part of the reasoning of the judgment of the first instance, and thus, it is acceptable in accordance with Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The plaintiff's assertion 1) The management rules of this case do not provide that the plaintiff's representative shall pay labor expenses, etc., and the resolution of the council of occupants' representatives under the management rules of this case shall be based on the majority of the 19 representative, which is the full number of employees, and only eight persons who do not reach the majority shall not have the resolution of this case, and the council of occupants' representatives shall not have the effect of the resolution of this case, and shall divert the long-term repair appropriations for other purposes in violation of Acts and subordinate statutes. Ultimately, the defendants have the duty to return the money received as unjust enrichment or compensation, and even if not, the defendants have the duty to return the portion exceeding 50% of the labor expenses determined in the standard form of goods pursuant to Article 74 of the management rules of this case, as they perform the work related to the defect repair lawsuit of this case and received through legitimate resolution of the plaintiff, and therefore they do not constitute unjust enrichment or tort.

B. We examine the determination as to whether the quorum 1 satisfies the above facts, i.e., the fixed number of representatives by buildings under the instant management rules is 19, and the resolution by the council of occupants' representatives is passed with the consent of a majority of the members. However, when 2/3 or more of the members of the council of occupants' representatives are elected, the resolution by the council of occupants' representatives may be made with the consent of a majority of the elected members, and the number of the representatives by the Dong that constitutes the council of occupants' representatives at the time of the resolution

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