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(영문) 의정부지방법원 2018.08.22 2016가합57311
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The position of the parties 1) The A Commercial Building (hereinafter “instant commercial building”) in Namyang-si.

(2) Pursuant to Article 23(1) of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act”), the Plaintiff is an organization that is a sectional owner of the building of this case completed around December 2005 with the purpose of implementing the project on the management of the building and its site and its attached facilities.

3) Defendant A shopping mall (hereinafter “Defendant A shopping mall”)

(4) After the completion of the instant commercial building, Defendant C Co., Ltd. (hereinafter referred to as “Defendant C”) managed the instant commercial building by being entrusted with the management of the instant commercial building from September 1, 2008 to the management of the instant commercial building, and from August 1, 2009 to the management of the instant commercial building by being entrusted with the management of the instant commercial building as the president of the Defendant C Co., Ltd. from around 2006.

B. The Defendants’ instant shopping mall management progress 1) from December 2005 to July 31, 2009 entrusted D and E with the instant shopping mall management from January 1, 2008. The Defendant Association entrusted the instant shopping mall management to E, a corporation E, from January 1, 2008 to July 31, 2008. The Defendant Association entrusted the instant shopping mall management to E, a corporation from January 1, 2008 to July 31, 2008.

3) From August 1, 2009, the Defendant prosperity entrusted Defendant C with the management of the entire commercial buildings of this case, including parking lots. 4) Defendant C imposed management expenses on the shop occupants of this case from August 1, 2009.

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