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(영문) 서울중앙지방법원 2015.04.07 2014가단137306
구상금
Text

1. The Defendants shall pay to the Plaintiff KRW 31,065,545, respectively, and at the rate of 20% per annum from July 15, 2014 to the date of full payment.

Reasons

1. As to the instant lawsuit claiming the return of unjust enrichment on behalf of the Plaintiff, the Defendants did not have the right to manage the instant building, and thus are not entitled to claim the said money against the Defendants, as the Defendants did not pay the electricity and water supply and drainage fees to be incurred during the period when seven floors were leased and used in Jongno-gu Seoul A building (hereinafter “instant building”).

However, the issue of whether the plaintiff has the right to claim the return of unjust enrichment against the defendants is only the issue of determination on the merits, and thus the defendant's prior defense cannot be accepted.

2. Judgment on the merits

A. The facts of recognition 1) The instant building is an aggregate building of the 2nd underground floor and the 8th underground floor which were newly built and sold in around 1984, and the 8th underground floor is used as a public parking lot, and the 8th underground floor is used as a cooperation room and mechanical room, and electricity and water charges are imposed on the entire building of this case in a single notice. 2) From 1990 to 190, disputes arising among the sectional owners of the instant building over the management issues of the instant building, the 1st underground floor, the 1st to 4th above ground of this case, and the 5th to 7th above ground of the instant building were managed by E company.

3) Thereafter, Co. D and E have settled electricity charges according to the quantity of the original Defendant’s partitioned building; water charges have been settled by the Co., Ltd. E with 40% (former 50%); electricity charges and management fees for common areas; and parking lot revenues by dividing them into the size ratio of a sectioned building; 4) However, while raising an objection to the electric charges, etc. for the settlement of management expenses for September 2005 sent by Co., Ltd. E and returning them, they would pay more management expenses.

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