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(영문) 울산지방법원 2020.10.16 2018가단52411
부당이득금
Text

The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. From October 1, 2019 to October 16, 2020, KRW 2,865,153 and its amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. 1) B apartment (hereinafter “instant main complex building”)

) Around 2014, an apartment building, neighborhood living facility, or business facility built with five units on the ground of 5,640.5m2 in Ulsan-gu, Ulsan-gu, Seoul-do, and comprised of 242 apartment units, 48 households, officetels 143 rooms, and neighborhood living facilities (stores) as follows (hereinafter collectively referred to as “instant residential building” in total, and the said officetel and neighborhood living facilities (stores) are collectively referred to as “instant commercial building” in total.

() Ddong: 18th, underground, 3rd, apartment, 68 units of neighborhood living facilities (stores), 3rd, 3rd, 68 household units of apartment complex: 18th, underground, 3rd, 70 household units of apartment complex: 18th, underground, 3rd, 36 household units of apartment complex: ground, 17th, underground, 3rd, urban residential housing, 48 households, 143, 12th 2), and 470 parking lots of the number of parking lots in the third apartment building of this case, which are all connected with the five residential complex buildings of this case, are installed without such division, and among these, the distribution ratio is 34.68%, and the proportion of parking lots in the above residential complex area is 29%, 212.2%, among the co-owned buildings of this case.

B. The plaintiff is a management body of the commercial building of this case composed of sectional owners of the commercial building of this case, and the defendant is an autonomous resolution body composed of occupants of the residential building of this case.

C. On May 2015, the Plaintiff and the Defendant entered into an entrustment management agreement with the I Co., Ltd. (hereinafter “I”) with the content that the management of the instant main complex building is entrusted to I.

I shall notify and collect management expenses for the occupants of the instant main complex building from around that time, and manage building expenses and parking.

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