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(영문) 부산지방법원 2021.02.02 2019가단315765
부당이득 및 손해배상
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs, as shown in attached Form 2, own each heading rooms and E of the 1st floor of Busan-gun D Commercial Building (hereinafter "the building of this case") and Defendant A owned subparagraph f, but in the following cases, Defendant A is referred to as the owner of the building of this case and Defendant A as the owner of the building of this case, who is heard by the plaintiff for convenience.

Defendant A Co., Ltd. (hereinafter “Defendant A”) is the owner of the instant building, and the Defendant A Co., Ltd. (hereinafter “Defendant A”) owns Fho Lake, Ghoho, and Hho among the instant buildings, as shown in attached Form 2.

Defendant B (hereinafter “Defendant B”) is an entrusted management company that manages the commercial part of the instant building from around 2012.

B. around December 3, 2010, I completed the registration for the preservation of ownership of the instant building. The instant building has 59 commercial rooms with sales facilities, and G heading and H heading in the 2,3 floors and most of the 2,3 floors are parking lots.

Around that time, I sold the commercial part of the instant building (hereinafter “instant commercial building”) to the Plaintiffs, etc., and I directly conducted the parking lot business in the 2,3rd floor parking lot (hereinafter “instant parking lot”).

(c)

Defendant B, while managing the entire building of the instant building in around 2012, imposed only management expenses on the owners of the instant commercial building. In around 2014, Defendant B, while managing only the instant commercial building, he/she was expected to separately manage the instant parking lot. However, among the management expenses collected by Defendant B, certain items of the management expenses (20% of the facility management agency fees, and 100% of the elevator portion) have been partially paid by I.

(d)

Since then, Defendant A purchased the instant parking lot from around April 14, 2017 and completed the registration of transfer of ownership, and operates the parking lot business.

E. Defendant B acquires the instant parking lot after Defendant A acquired it.

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