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(영문) 인천지방법원 2017.02.14 2016나1601
관리비
Text

1. The judgment of the first instance court, including the Plaintiff’s claim changed in the trial, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is a management body comprised of all sectional owners under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”) for the management and operation of a site and a building of A located in Bupyeong-si, Seocheon-gu, Seoul (hereinafter “the instant aggregate building”). The Plaintiff has managed the instant aggregate building and imposed and collected management fees on the occupants.

(2) The Defendant is a co-owner who owns 51, 52, 231 of the instant condominium, 232 of the first floor (3.92 square meters of the entire site area, 3.7327 square meters of the corridor), 285 of the second floor (3.36 square meters of the entire site area, 3.36 square meters of the corridor, 3.131 square meters of the corridor), 300 of the second floor (3.92 square meters of the entire site area, 3.6319 square meters of the corridor, hereinafter referred to as the “instant store”).

B. (1) One of the sectional owners of the instant condominiums filed a lawsuit against the Plaintiff seeking return of unjust enrichment by asserting that the amount of management expenses imposed and collected pursuant to the Plaintiff’s management agreement is not reasonable (the Incheon District Court Decision 2010DaGa39712) by asserting that the amount of management expenses imposed and collected pursuant to the Plaintiff’s management agreement was not reasonable.

In the above case, in calculating the number of written resolution of sectional owners in accordance with the provision of Article 41 (1) of the Aggregate Buildings Act, in relation to the validity of the plaintiff's management body agreement, the court shall calculate the number of sectional owners in calculating the number of written resolution in the aggregate building, if one person owns several sections within the aggregate building, it shall be regarded as one sectional owners. The plaintiff's management body agreement did not meet the quorum due to the plaintiff's failure to obtain the consent or approval of more than 4/5 of the sectional owners of the aggregate building in this case,

The plaintiff is dissatisfied with the above judgment and filed an appeal (the Incheon District Court 2013Na6254) and the appeal (the return of unjust enrichment) (the return of unjust enrichment by 2014Da72197), but all appeals and appeals are dismissed, and the above judgment is also dismissed.

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