logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2015.10.16 2014가합3745
부당이득금
Text

1. The plaintiffs' primary and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff’s management body is an autonomous management body composed of all sectional owners of the instant building A (hereinafter “instant building”), and the Plaintiff B is the management service company of the instant building and the ignified D building (hereinafter “D building”); from December 1, 2004 to January 28, 2014, the Defendant served as the Plaintiff B’s actual manager and the representative director.

B. On April 2005, Plaintiff B was entrusted with the management of the building of this case by the Sejong Industrial Development Co., Ltd. (the name of the Co., Ltd. was changed to Taiwan), which is the owner of the building of this case, and received management expenses from Plaintiff B’s corporate bank account (E) and managed the same year.

8.1.Before entering into an entrustment contract for building management, the main contents are as follows:

Article 3 (Period of Contract) The term of this Agreement shall be from August 1, 2005 to July 31, 2007, but if both Party A and B (Plaintiff B) do not raise any objection to the termination of the contract one month prior to the expiration of the contract, this Agreement shall be automatically extended under the same conditions.

Article 4 (Management Budget) (1) The management expenses to be imposed each month shall be based on the attached budget, but the general management expenses may be imposed by the mediation division only when it is based on the increase or decrease of the staff of the management office, the class

(2) The management expenses under paragraph (1) shall be owned by B after being imposed and collected under the responsibility of B, and the management duties shall be performed normally even when any problem in receipt occurs.

Provided, That among the items to be imposed, the expenses for the management of athletes, reserves for long-term repairs, user fees and deposits for parking shall be owned by the building, and when it is intended to use them, prior approval shall be obtained

Article 20 (Collection of Management Expenses) (1) B shall impose all public charges incurred in the management of the building as management expenses, and each store shall pay the same management expenses by the 10th of the following month.

(4) Eul shall receive and disburse the collection of management expenses under the subparagraphs of this Article.

arrow