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(영문) 수원지방법원 2017.11.03 2017나4956
부당이득금반환
Text

1. Of the judgment of the first instance court, KRW 1,450,000 against the Plaintiff regarding the Defendant and its related thereto, from February 1, 2016 to November 3, 2017.

Reasons

1. Basic facts

A. The Plaintiff is the council of occupants’ representatives of the G Apartment-si (hereinafter “instant apartment”). The Defendant is the representative of the council of occupants’ representatives from July 2008 to June 201, 201, and the representative of the council of occupants’ representatives from July 201 to June 2012.

B. From August 4, 2014 to August 13, 2014, the Gyeonggi-do Multi-Family Housing Management Investigation Committee investigated the management and operation status of the instant apartment pursuant to Article 59(1) of the Housing Act, and notified the Plaintiff of the result thereof on February 10, 2015. The main contents of the part related to the Defendant are as follows.

Although the chairperson of the council of occupants' representatives without a resolution by the council of occupants' representatives receives life-saving allowances together with three representatives of each building (2.50,000 won, respectively), including the defendant (the chairperson of the council of occupants' representatives shall receive 300,000 won, respectively, with life-saving allowances), the chairperson of the council of occupants' representatives shall pass a resolution by the council of occupants' representatives (date July 22, 2010) on the management rules, in addition to business expenses of the chairperson of the council of occupants' representatives, other than business expenses of the chairperson of the council of occupants' representatives, and 1,90,000 won, respectively, from three representatives of each building without a resolution by the council of occupants' representatives' representatives on July 11, 201 without a resolution by the council of occupants' representatives to disburse 3,90,000 won, respectively, for four representatives of each building

C. The management rules of the instant apartment were enacted on May 1, 2008 and amended twice on October 1, 2012 and May 1, 2013. The provisions on “operating expenses” and “the purpose of use of non-management revenue, etc.” in the management rules of May 1, 2008 are as follows.

Article 28 (Operational Expenses) (1) The council of occupants' representatives may pay expenses for activities and business promotion expenses (hereinafter referred to as "operation expenses") necessary for performing its duties to the following limits, and the standards and amounts for payment shall be as follows:

The operating expenses of the council of occupants' representatives shall be 300,000 won per month.

(2) Alteration of the limits of operating expenses of a council of occupants' representatives shall obtain written consent from at least a majority of occupants, etc.

(3) The council of occupants' representatives shall operate expenses.

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