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(영문) 서울중앙지방법원 2015.12.18 2015가단5055154
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 111,54,898 and the interest rate of KRW 15% per annum from October 1, 2015 to the date of full payment.

Reasons

1. Fact-finding;

A. The Defendant is a non-corporate association comprised of co-owners of the 14th floor among the instant commercial buildings, which is located in the management body of Jongno-gu Seoul Metropolitan Government D Condominium (hereinafter referred to as the “instant commercial building”).

The aforesaid 14th floor is a building under divided ownership, and it has been sold and traded in the form of 64 old units (one unit is approximately 7.36/471.28 shares) divided based on the area of exclusive ownership (471.28 square meters).

From November 17, 2011 to September 16, 2014, the Plaintiff purchased 19 old shares among the aforesaid 14th century, and completed the registration of ownership transfer with respect to the co-ownership corresponding to the corresponding shares.

The plaintiff became a member of the defendant.

B. Article 55(1)3, 4, and 6 of the Regulations of the Management Body of the instant commercial building (hereinafter “instant regulations”) provides for the following matters as the resolution by the general meeting of the management body of each business type.

Article 55 (Matters to be Resolved) (1) The management council meetings by industry shall particularly determine the matters to be resolved at the general meeting by the rules and the following resolutions:

3. Determination of operating methods, such as entrustment management, lease, etc. of sections for exclusive use;

4. Determination of fees, rents, rate of interest, etc. for entrusted management;

6. Determination on the standards for payment, methods for payment, etc. of dividends (including proceeds from lease) to members belonging to an administrative council by type of business;

C. In accordance with the instant agreement, the Defendant, while entering into a lease agreement with the 14th floor above, received the deposit and the difference itself, and paid dividends to the members of the Defendant according to the criteria set by the Defendant.

The Plaintiff demanded rental profit from the share of the commercial building of this case, but the Defendant refused to comply with the request.

The defendant tried to pay dividends of 34.2 million won to the plaintiff according to the standard set by himself/herself, and deposited the same upon the plaintiff's refusal to receive payments.

Grounds for recognition: Facts without dispute, A.

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