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(영문) 서울북부지방법원 2019.09.04 2018나2347
부당이득금 반환 및 채무부존재확인
Text

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

The Defendant’s KRW 4,00,000 to the Plaintiffs and its related costs on October 6, 2018.

Reasons

1. Basic facts

A. The plaintiffs are the parties. 1) On October 21, 1994, the Dobong-gu Seoul Metropolitan Government D shopping mall (hereinafter "the shopping mall of this case").

) 2nd floor Fhos (hereinafter “Fhos”)

(2) The Defendant is a voluntary organization established to protect the rights and interests of the sectional owners and users of the instant commercial building and to promote the normal facility management and smooth development of the instant commercial building, and is the user of the instant commercial building as its member.

(B) Some of the co-owners of the instant commercial buildings and the lessees of the instant commercial buildings are the users of the instant commercial buildings, including the owners of the first floor, Hho Lake, I, II Jhoho, Kho, and underground L.

1) The instant commercial building was completed on December 198 and sold in lots, and around around 1989, a management body was established pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings consisting of all sectional owners of the instant commercial building. Since the dissolution of the management body around 1992, the Defendant continuously received management fees from the users of the instant commercial building, who are members, for the actual cost of preserving the common area of the instant commercial building, from the users of the commercial building, and managed the instant commercial building. 2) The sectional owners of the instant commercial building accumulated the long-term repair appropriations every month from the end of 1991 to the financial institution from the end of 192, but did not accumulate the long-term repair appropriations after receiving the return of the long-term repair appropriations from the financial institution from the financial institution from the end of 1992 to the beginning of 193, the Defendant received the money of KRW 500 per square year as well as the management expenses from the sectional owners.

C. The Plaintiffs’ payment of management expenses and the Defendant’s management Plaintiffs of the instant shopping district are the Defendant from January 1, 2012 to June 30, 2013, and KRW 6,406,660, and KRW 222 from September 1, 2017 to September 17, 2017.

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