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(영문) 서울서부지방법원 2017.04.04 2016나34919
부당이득금
Text

1. A defendant, among the judgments of the first instance court, who falls under the amount ordered to pay the following additional payments:

Reasons

1. Basic facts

A. The Defendant’s council of occupants’ representatives is an autonomous management body comprised of the occupants of Eunpyeong-gu Seoul H G Apartment (hereinafter “instant apartment”), and the Defendant Hosan Development Co., Ltd. (hereinafter “Defendant Company”) is an apartment management body entrusted by the Defendant’s council of occupants’ representatives with the management of the above apartment.

B. ① From May 2012 to the present date, Plaintiff A leased and used subparagraph 101, 102, and 103 among the commercial buildings located in the apartment complex of this case. ② Plaintiff B has used and profit from subparagraph 104 to the present date from December 2011. ③ Plaintiff C and D have jointly used and profit from subparagraph 105 of the above commercial building from December 201 to the present date. ④ Plaintiff E has leased and profit from part of subparagraph 106 of the above commercial building from August 201 to the present date. ⑤ Plaintiff F has leased and used the above subparagraph 107 from April 2012 to the present date.

(hereinafter referred to as “each of the instant commercial buildings” when referring to the entire commercial buildings possessed by the Plaintiffs, and when referring to a specific commercial building among them, referring to “No. 000.”

The council of occupants' representatives (or the defendant company that vicariously performed the above defendant company) imposed, from around December 2, 2011, the amount of general management expenses, septic tank management expenses, disinfection expenses, repair and maintenance expenses, long-term repair expenses, (fire) insurance expenses, cleaning expenses, etc. (hereinafter collectively referred to as "joint management expenses of this case") incurred in the whole apartment complex of this case on the persons who use and benefit from each commercial building of this case, including the plaintiffs. The plaintiffs paid the relevant amount to the council of occupants' representatives.

The electric meters and water meters of each commercial building of this case are installed separately from each residential part of the apartment building of this case, so the common electricity charges and common water supply charges for each commercial building of this case are separately calculated.

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