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(영문) 서울동부지방법원 2018.02.22 2015가합109360
부당이득금
Text

1. For the plaintiffs:

A. Defendant B’s family management body is written in the “official amount” column in attached Form 2 (Management Body).

Reasons

Basic Facts

The aggregate building of the fourth floor and the 18th floor located in Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as the “instant building”) is a main complex building subject to the Act on Ownership and Management of Condominium Buildings (hereinafter referred to as the “Aggregate Buildings Act”), and an apartment building (hereinafter referred to as the “instant apartment part”), the 1, the 2, and the 18th underground floor consisting of a commercial building (hereinafter referred to as the “instant commercial building part”).

In the instant building, 6th, 65th, 66th, 3rd, and 49th, the underground and 49th, are installed in the underground floors of the instant building. Among them, the part of the parking lot of the first and second floors underground (hereinafter referred to as “the first and second floors parking lot”) is part of the common areas for the co-owners of the instant building, and the part of the parking lot of the third and fourth floors underground (hereinafter referred to as “the fourth and fourth floors parking lot”) is part of the common areas for the co-owners of the instant apartment.

The plaintiffs are sectional owners of the apartment of this case (104 households among all 108 households), and the area of the part for exclusive use of the apartment of this case is 805 square meters in total, and the heading room and area of the part for exclusive use owned by the plaintiffs are as shown in the attached Form 2.

Plaintiff

H, I, J, K, L, M, M,O, P, Q, R, and T have taken over the right to claim damages or the right to claim restitution of unjust enrichment that the 1/2 shares of each of the pertinent sections of exclusive ownership or the other co-owners of the said section of exclusive ownership, and notified the Defendants on January 11, 2018 upon delegation of the authority to notify the assignment of claims. The above notification reached the Defendants on the same day.

Defendant management body is a management body under the Act on the Ownership and Management of Aggregate Buildings which manages the commercial part of the building of this case, and the remaining Defendants are the rental car companies which concluded a service contract for the parking lot among the building of this case with Defendant management body, and D carries on rental car brokerage and mediation business under the trade name of “U”.

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