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(영문) 서울중앙지방법원 2018.09.13 2017나52346
부당이득금
Text

1.The judgment of the first instance, including a claim added, expanded and reduced in the trial, shall be modified as follows:

2...

Reasons

1. Basic facts

A. The Defendant is a management body organized in accordance with the Act on Ownership and Management of Condominium Buildings with respect to G buildings, which are the Gangnam-gu Seoul Metropolitan Government H and I ground condominium buildings (hereinafter “instant condominium buildings”).

B. The J Co., Ltd. (hereinafter “J”) acquired the sectional ownership of 44 units listed in [Attachment 3-1 to 44] among the instant condominium buildings, and leased the units listed in [Attachment 3-1 to 44] from the owner.

C. From J, Plaintiff A was transferred the sectional ownership rights of each of the heading rooms listed in the separate sheet Nos. 3-20, 23, and 24 of the separate sheet No. 3-20, 23, and 24, Plaintiff B was transferred to the respective heading rooms listed in the separate sheet Nos. 1, 2, 4, and 10 of the same list, Plaintiff C was transferred to the respective heading rooms listed in the separate sheet Nos. 3, 7, 11, and 14 of the same list (for the heading rooms listed in the seven, 13/50 of them), Plaintiff D was transferred to the same heading rooms listed in the separate sheet Nos. 18, 27 of the same list.

From around 2005 to 2009, disputes continue to arise as to who is a legitimate manager of the defendant, and the management body of the aggregate building of this case is divided into two separate management bodies with the defendant.

E. The Defendant filed a lawsuit against J for the payment of unpaid management expenses from November 201, 2016 to February 2010 against J, and the Seoul Central District Court rendered a judgment that on February 10, 2012, J shall pay 560,216,990 won to the Defendant and damages for delay.

(2011Gahap10704). Upon appeal by J, the Seoul High Court rendered a judgment dismissing the appeal by J on August 30, 2012, and the said judgment became final and conclusive.

(2) In the above lawsuit, J believed that the co-Plaintiff F of the first instance trial was a legitimate administrator and paid part of the management expenses to the said F or F separately managing body from November 2006 to October 2008, 264,334,310 won.

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