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(영문) 창원지방법원 2019.09.26 2018나55811
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On October 2006, the Plaintiff newly constructed an aggregate building consisting of 2 underground floors and 13 floors above the land on the land of non-party D, Mawon-si, Changwon-si, 2006, and operates E-Ba (hereinafter “the instant aggregate building”) in the part of the commercial building located between 2 to 3 floors of the instant aggregate building (hereinafter “instant bath”).

B. The 19 household moved into the apartment area located on the 4th or 13th floor of the instant condominium, and the council of occupants’ representatives of the Defendant B-building (hereinafter referred to as “the council of occupants’ representatives”) is an autonomous management organization composed of occupants to manage the said 19 households.

C. As of December 6, 2006, Defendant C is an occupant who has completed the registration of ownership transfer with respect to subparagraph F of the instant condominium building and has been residing until now.

[Ground of recognition] Facts without dispute, Gap evidence 17, Eul evidence 2 to 5, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Plaintiff’s claim against the Defendant’s council of occupants’ representatives bears a total of KRW 33,813,800 for electrical safety management from November 2007 to February 2, 2018. The Defendant’s council of occupants’ representatives bears an agency fee of KRW 23,490,00 for the above period. However, the above agency safety management fee and the agency safety management fee shall bear the exclusive area ratio pursuant to Article 12 of the Act on Ownership and Management of Condominium Buildings (hereinafter “Building Act”) or Article 25 of the apartment management agreement. The Plaintiff’s exclusive area ratio is 41.7%, and the exclusive area ratio of the apartment managed by the Defendant’s council of occupants’ representatives is 58.23%, and thus, the electrical safety management fee and the agency safety management fee that each the Plaintiff and the Defendant’s council of occupants’ representatives shared should be settled in accordance with the above exclusive area ratio 1’s table.

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