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(영문) 서울고등법원 2019.03.22 2015나18031
부당이득금
Text

In accordance with the claim of exchange change in this court, the defendant is the management body of the plaintiff in attached Table 1.

Reasons

1. Basic facts

A. Pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), the Plaintiff is a management body established automatically for the purpose of managing A building located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “the instant building”).

(hereinafter “Plaintiff management body”). The Defendant is one of the sectional owners of the instant building.

B. At the meeting of the management body on August 25, 2005, the Plaintiff management body elected Defendant, E, and F as co-manager, and F resigned on August 15, 2006.

C. Since then, the Defendant and E conflict with each other with the management authority of the instant building, and the section for exclusive use owned by the Defendant among the instant building has been managed individually by the Defendant, and the remaining section for exclusive use and common use, excluding this, by E.

Plaintiff

The management body dismissed the defendant at the meeting of the management body on May 15, 2012.

Accordingly, the defendant filed a lawsuit to nullify the resolution of the above management body meeting, but the judgment against the defendant was finalized.

(Seoul Southern District Court 2012Gahap932, Seoul High Court 2013Na16956, Supreme Court 2014Da27562). E.

In the case of an aggregate building, Korea Electric Power Corporation does not conclude a supply contract individually with the owner of the ownership or the occupant of the aggregate building, concluded a supply contract with the management body of the aggregate building for the entire building, and notified the payment manager of the electricity charge for the total quantity of the building.

Accordingly, the Plaintiff management body entered into an electricity supply contract with the Korea Electric Power Corporation for the entire building of this case, including common areas and exclusive areas, and upon receipt of a claim for electricity charges in a lump sum, determined the amount to be borne by each unit area or actual usage (see, e.g., the calculation method of electricity charges by the management body (hereinafter referred to as “the calculation method of electricity charges”)

F. The Plaintiff’s management body also fails to pay electricity charges.

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