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(영문) 춘천지방법원 2015.01.21 2013가합2719
부당이득금
Text

1. The Defendant’s KRW 33,296,926 as well as the Plaintiff’s annual rate from July 31, 2013 to January 21, 2015.

Reasons

1. Basic facts

A. The Plaintiff was a leased apartment, and was an autonomous management body composed of occupants after the said conversion for sale in lots (hereinafter “instant apartment”) for the management of Amcheon-si Amcheon-si 540 households converted for sale in lots around 2012, and the Defendant constructed the instant apartment before 192 and transferred the management affairs of the instant apartment to the Plaintiff due to the conversion for sale in lots of the instant apartment to November 2012 pursuant to the Rental Housing Act.

B. From the lease date of the instant apartment to November 2012, the Defendant collected the management expenses of the instant apartment from the lessee of the instant apartment from the lessee of the instant apartment, the Defendant imposed on the lessee the “total amount of the management expenses, including the management expenses of the leased household (hereinafter “the instant apartment household”), and the Plaintiff, around October 2012, pursuant to Article 18 of the Enforcement Rule of the Rental Housing Act, was asked by the Ministry of Land, Transport and Maritime Affairs that “the method of calculating the expenses to be borne by each household shall comply with the principle of fair sharing and burden” in relation to the provision that “the method of calculating the expenses to be borne by each household shall be in accordance with the principle of fair sharing and burden of expenses to be borne by the lessee.”

C. Accordingly, since February 2013, the Plaintiff requested the Defendant to return, etc. the instant vacant price, which the resident had already been borne by the resident, to the Defendant regarding the management expenses of the household, and did not reach an agreement thereon. From June 2013, the Plaintiff’s 353 households (hereinafter “the resident of the instant apartment”), as indicated in the attached Table 2-1, 2-2 of the resident of the instant apartment from June 2013, as the resident of the instant apartment, as indicated in the attached Table 2-1, 2-2 of the resident of the instant apartment (hereinafter “attached Table 2-1, 2-2”), among the 540 households located in the instant apartment.

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