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(영문) 서울북부지방법원 2018.09.04 2017나2890
부당이득금 반환
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From August 1, 2010 to July 31, 2016, the Defendant: (a) was a person residing in A apartment located in Dobong-gu Seoul Metropolitan Government (hereinafter “instant apartment”); (b) was appointed as the representative of the instant apartment building (101 units) from August 1, 2010 to July 31, 2016, while serving as the representative of the instant apartment building (2 years of office, 1, 2, and 3 units); (c) was performing the instant apartment 2 and the president of the council of occupants’ representatives from August 1, 2014 to July 31, 2016.

B. In particular, on May 30, 2014, the chairman of the instant apartment management committee publicly announced the registration of candidates for the representative of the third building, and on July 4, 2014, the Defendant et al. publicly announced that four persons, including the Defendant, were elected as the third building representative of the instant apartment.

C. The Plaintiff paid to the Defendant totaling KRW 2.4 million per month from August 1, 2014 to July 31, 2016, in the name of the Chairperson’s business promotion expenses. D.

On the other hand, the defendant had resided in 101 Dong 503 of the apartment of this case and failed to pay management expenses for a certain period (the last day of the next month of the corresponding notification of the payment deadline), and later paid the overdue portion. The specific contents are as follows.

From September 1, 2014 on September 11, 2014 in a lump sum of September 1, 2014 during a period of not less than three months in arrears due to the due date of the occurrence of arrears to the period of not less than three months; or

9. A lump-sum payment made on May 30, 2015 (the partial arrears made on March 1, 2015) on October 1, 2014, January 11, December, 2015, January 2015, February, and March 30, respectively;

5. (Admon payment on July 2015), the remainder of March 2015, April 6, 2015, lump-sum payment on July 6, 2015, - Each entry in the evidence Nos. 3, 6, 13, and 32 (including each number), and the purport of the whole pleadings;

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The management rules for the instant apartment housing (hereinafter “management rules”)

According to the relevant regulations, a person who fails to pay management expenses for at least three consecutive months shall be disqualified for the representative of each Dong.

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