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(영문) 인천지방법원 2017.10.27 2017나5099
관리비 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. (1) The Plaintiff is a management body comprised of all sectional owners under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”) for the management and operation of a site and a building of A located in Seocheon-gu, Seocheon-si D (hereinafter “the instant aggregate building”). The Plaintiff has managed the instant aggregate building and imposed and collected management fees on the occupants.

(2) The Defendant is a sectional owner who owns 167 square meters (3.92 square meters of exclusive ownership area, 3.3277 square meters of corridor, and hereinafter “instant store”).

B. (1) A, one of the sectional owners of the instant aggregate buildings, filed a lawsuit claiming return of unjust enrichment by asserting that the amount of management expenses imposed and collected pursuant to the Plaintiff’s management organization rules is not reasonable (the Incheon District Court Branch Branch Decision 2010Kadan39712) against the Plaintiff (the return of unjust enrichment by Incheon District Court Branch Decision 2010Na39712).

In the above case, in calculating the number of written resolution of sectional owners in accordance with the provision of Article 41 (1) of the Aggregate Buildings Act, in relation to the validity of the plaintiff's management body agreement, the court shall calculate the number of sectional owners in calculating the number of written resolution in the aggregate building, if one person owns several sections within the aggregate building, it shall be regarded as one sectional owners. The plaintiff's management body agreement did not meet the quorum due to the plaintiff's failure to obtain the consent or approval of more than 4/5 of the sectional owners of the aggregate building in this case

On January 21, 2015, the Plaintiff appealed (the Incheon District Court 2013Na6254) and filed an appeal (the return of unjust enrichment) (the return of unjust enrichment by 2014Da72197). However, both appeals and appeals were dismissed, and the said judgment became final and conclusive on January 21, 2015.

(2) The instant condominium does not have management regulations that are in force in the present.

C. The instant condominium structure of the instant condominium structure is 7 stories underground, and 7 stories.

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