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(영문) 의정부지방법원 2014.12.19 2014나1875
관리비 반환
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 2,611,00 and KRW 2,492,440 among them.

Reasons

1. Facts of recognition;

A. On August 4, 2004, the management company, which is a management body composed of sectional owners of D shop aggregate buildings (hereinafter “the instant condominium building”), located on the land outside of Dong Government City, the Defendant is a management company entrusted with the management of the instant condominium building, such as the collection of management fees and user fees, and the payment of public charges, and the Plaintiff purchased 401 of the instant condominium building (hereinafter “the instant condominium”) from among the instant condominiums in the auction procedure for real estate E-sale in the Government District Court on December 5, 2007.

B. The overdue management expenses and late payment charges from May 2005 to December 2, 2007, which were borne by F, the former owner of the instant commercial building, are the sum of KRW 12,248,780 as stated in the attached Form “D 401 (05 to December 2007).”

C. Meanwhile, on January 7, 2008, the Plaintiff paid a total of KRW 12,248,780 to the Defendant for the management expenses and arrears in arrears.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 2, 3, and 6, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff's assertion 1) The plaintiff has no obligation to succeed to F's delinquent management expenses, which are the former owner of the commercial building of this case, 2) even if there is no obligation to succeed to the delinquent management expenses.

Even in relation to its scope, since the D Co., Ltd. and the Defendant set the amount equivalent to the ordinary management expenses at the time of concluding the management contract on the condominium building in this case as KRW 1,850.42, the general management expenses to be imposed on F shall be KRW 174,864.69 (i.e., KRW 1,850.42 x 94.5 x.5) but the Defendant imposed a greater amount of KRW 205,821 to KRW 238,422, and thus, the amount imposed exceeding KRW 174,864.69 per month constitutes unjust enrichment.

3) In addition, other management expenses (fire fighting association expenses, electric power generation charges, basic electricity charges, electricity funds, water use charges, water use charges, joint electricity charges, water quality inspection charges, common water supply charges, sewage charges, water delay charges, and overdue overdue charges for the payment period, other than general management expenses.

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