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(영문) 인천지방법원 2017.09.06 2016나62101
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal shall include the costs resulting from the participation in the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the addition of the plaintiffs' allegations as follows, and thus, it is acceptable as it is by the main text

2. Additional determination

A. The Plaintiffs asserts that the Intervenor’s Intervenor’s Intervenor’s participation in the Intervenor’s lawsuit is unlawful, since it is not a person legally interested in the outcome of the instant lawsuit.

However, if the plaintiffs' claim is accepted in the lawsuit of this case, the defendant is likely to claim the unpaid amount out of the management expenses re-calculated according to the method asserted by the plaintiffs to the defendant. The defendant's intervenor appears to have a logical dependence on the legitimacy of the plaintiffs' claim and the legal status. Thus, the defendant's supplementary participation

B. The plaintiffs asserted that the calculation method of management expenses of the defendant is inappropriate. However, in light of the evidence submitted in this court and the purport of the whole pleadings, the defendant's calculation method of management expenses should be the calculation method within an objective and reasonable range, which comprehensively takes into account not only the ratio of shares of each sectional owner, but also the operational form and the structure of each store. Therefore, the plaintiffs' assertion in this part

Rather, in the case of calculation method claimed by the plaintiffs, the sum of the total share area of the building is 45,077.28 square meters in total, but the share area of each sectional owner is calculated on the basis of only the section for exclusive use on the register except the section for partial common use. (No. 4) management expenses for sectional owners x the sum of the total management expenses x the total share area of the sectional owner x the total share area of the whole exclusive use area (45,07.28 square meters), and if so, the management expenses equivalent to the percentage of the partial common use area are borne.

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