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(영문) 부산고등법원 2018.02.28 2017나254
부당이득금반환
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where a part of the judgment of the court of first instance is submitted or added as follows. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. From the sixth side of a part 6 being dried or added, the phrase “those” of 10 shall be added to “Articles of Incorporation”.

At the bottom of the 6th page, the following descriptions shall be added to the following:

A person shall be appointed.

(m) The progress B of the relevant lawsuit (hereinafter referred to as the “Defendant”) filed a lawsuit claiming management expenses against the Plaintiff under the Busan District Court Branch Decision 2013Gahap2237, Busan District Court Branch Branch Decision 2013Gahap2237, which ordered the Plaintiff to partially accept the Defendant’s claim and pay the Plaintiff KRW 385,424,62 and delay damages.

The plaintiff and the defendant appealed against the above judgment by Busan High Court Decision 2014Na2075, and the appellate court partially accepted the defendant's appeal and ordered the plaintiff to pay 430,740,100 won and delay damages to the defendant, and the plaintiff's appeal was dismissed.

Since then, the above appellate judgment became final and conclusive on September 13, 2016.

(A) The Plaintiff’s assertion that the operating expenses of the underground parking lot were calculated excessively as follows: (a) 36.8% of the operating expenses of the underground parking lot (i) 36.8% of the expense rate of the underground parking lot (i.e., expense rate of 16.5% of the expense rate of the 16.5% of the expense rate of the 20.3% of the expense rate of the 16.3% of the expense rate of the 16.3% of the expense rate of the 16.3% of the expense rate of the 19.3% of the expense rate of the 16.3% of the expense rate of the 16.3% of the expense rate of the 19.3% of the expense rate of the 5th unit shall be added to the profits from the underground parking lot to be returned to the Defendant.

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