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(영문) 서울중앙지방법원 2015.11.11 2013가합72768
부당이득금 반환
Text

1. All of the Plaintiff’s main claim, the Defendant’s counterclaim claim, and the Plaintiff’s claim are dismissed.

2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The structure of the building in this case and the parties' status 1) The building in this case is a principal complex building such as apartment houses (multi-unit houses), business facilities, and neighborhood living facilities completed on November 1998. The building in this case consists of 199 households, 434 rooms, and 50 stores in apartment buildings. The building in this case is composed of 199 households, 434 rooms, and 50 shops. The building in this case is composed of 4 floors and 31 floors in each site, but all of the buildings are divided into 4 floors in underground and 31 floors in the ground. The plaintiff management body is the council of the management body which is responsible for the management of commercial buildings and 32 floors among the building in this case, which is an aggregate building. The plaintiff B is a person who operates the cosmetic room of the trade name "D" on lease 132, and the defendant is the council of occupants' representatives in the part of the apartment

B. Among the instant buildings, the relationship between the Plaintiff management body and the Defendant regarding the use of the disaster prevention room 1) Of the instant building, the disaster prevention room of the instant building is 209.30 square meters (hereinafter “the instant disaster prevention room”).

In May 201, the Defendant continued to bear 1/2 the electricity usage fees of the instant disaster prevention room from February 2012, since all of the equipment, equipment, and CCTV inside the said disaster prevention room (such as fire reception team, CCTV, etc.) were supplied in officetels, and the Plaintiff management body paid the full amount of the electricity usage fees.

C. On July 25, 2007, the Plaintiff’s management body related to the use of the first floor public resting room among the instant buildings is attached to the instant building from the ordinary general meeting on July 25, 2007.

2. A resolution was adopted to install a glass partition in the public resting room on the first floor located in the part of the ship (A), which connects 1,2,3,4,5,100 square meters of “the first floor drawing” (hereinafter the above part (A) before the change to the management office of the Plaintiff management body as follows), and then the glass wall and entrance are installed in the above space from around that time.

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