logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2020.10.22 2019나1503
운영비
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. Basic facts

A. The Plaintiff is an autonomous deliberative body organized to determine important matters on behalf of the occupants, etc. of the Seongbuk-gu Seoul Metropolitan Government A apartment complex (hereinafter “instant apartment complex”) on behalf of the occupants, etc.

B. From August 1, 2013 to July 31, 2015, the Defendant is a person who served as the president, who is the representative of the Plaintiff.

C. At the time when the Defendant was the representative of the Plaintiff, the Plaintiff’s operating expenses were paid KRW 813,00 per month, which was composed of KRW 613,00 and KRW 200,000 for the representative meeting’s operating expenses.

[Ground of recognition] Facts without dispute, Gap evidence 2, 4, 10, Eul evidence 1 and 6, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the parties' assertion 1) The management rules at the time when the plaintiff was the chairman of the apartment house council in this case set 1,000 won per household as management expenses by imposing 1,000 won per month on the management expenses, but the defendant received 813,000 won per month, adding 2,00,000 won per month to the above amount as management expenses. Since the defendant received 4,80,000 won for two years, the chairman of the council of occupants' representatives, the defendant should return it to the plaintiff. 2) The defendant received 200,000 won per month as the representative of the management rules (50,000 won per month x 4 of the same representative) as the operation expenses of the council of occupants' representatives, as stipulated in Article 32 subparagraph 2 of the management rules.

B. Specific determination 1) In accordance with Article 29(4) of the apartment management rules of this case amended as of June 1, 2009, the Plaintiff’s operating expenses amounting to KRW 270,00,00 per executive officer’s contribution, KRW 30,00 per executive officer’s contribution, and KRW 343,00 per executive officer’s contribution amount, and KRW 343,00,00, which are acknowledged as being in light of the overall purport of the pleadings in each of the entries, including the number number, as follows.

arrow