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(영문) 인천지방법원부천지원 2016.09.28 2015가합104410
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The parties to the case 1) The defendant is the New Coinian department store located in Busan-si, Seocheon-gu, Busan-si, 461 (hereinafter “the department store of this case”).

(ii) the Act on the Ownership and Management of Aggregate Buildings (hereinafter referred to as the “Act on the Ownership and Management of Aggregate Buildings”) for the management and operation of sites and buildings;

(2) Pursuant to the reasoning of the judgment below, the Plaintiff owned the entire 6th floor of the instant department store from January 2006 to July 2006, and the entire 5th floor of the instant department store from January 2006 to October 2006, respectively. From July 2006 to November 2014, the Plaintiff owned the instant 3rd floor of the department store from July 2006 and from January 2013 to January 201, respectively.

B. The Plaintiff paid management expenses to the Defendant, as indicated in the separate collection (A) or the corresponding column of “monthly collection (A)” in the separate sheet of “payment of DNA management expenses” in the separate sheet of “payment of DNA management expenses” to the Defendant.

The management fees imposed by the Defendant consisting of cleaning service charges, cleaning service charges, security service charges, shuttle bus service charges, food waste collection expenses, food waste collection expenses, facility management service charges, music copyright charges, building management service charges, building management service charges, costs for fire, elevator maintenance and repair, road maintenance and repair charges, road usage charges, office rent, office rent, exchange room rent, maintenance expenses, telephone communications charges, charges for causing traffic congestion, environmental improvement charges, general management expenses, electricity charges, water charges, gas charges, and some advertising expenses.

Criteria for each item of management expenses shall be as specified in the following table:

Standards for the imposition of fire insurance premiums, elevator maintenance expenses, disinfection fees, road usage fees, repair and maintenance expenses.

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