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(영문) 서울중앙지방법원 2016.12.01 2016가합511417
부당이득금
Text

1. The Defendant’s KRW 381,473,447 as well as 5% per annum from September 4, 2015 to December 1, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Plaintiff’s status as a party is the Act on the Ownership and Management of Aggregate Buildings (hereinafter “ Aggregate Buildings Act”).

(A) A building listed in the separate sheet in accordance with Article 23 (hereinafter “instant building”).

2) The Defendant is a company that operates real estate management business, etc. as a member of all sectional owners.

B. The instant contract 1) The Operating Committee, which is composed of representatives of sectional owners on each floor of the instant building (However, there is no clear evidence to deem that the instant building has the authority to represent sectional owners on each floor;

“Steering Committee” refers to “Steering Committee”

(2) On June 7, 2013, the board of directors opened a meeting and resolved on June 7, 2013 to the effect that “the notification of management expenses and the operation of parking lots are excluded from the management body’s duties,” and “the operation of parking lots is operated by the Emergency Management Board from June 2013 to the unmanned settlement system.” 2) On July 5, 2013, the board of directors entered into a contract for the lease of unmanned equipment with the Defendant (hereinafter “instant contract”) and the main contents are as follows.

Article 1 (Name of Contract) Installation Period of Article 2 (Period of Installation and Lease of Unmanned Loan System Equipment) 1: The term of lease from July 19, 2013 to July 26, 2013: the total construction cost under Article 3 (Terms of Contract Payment and Terms of Lease) (1) from August 1, 2013 to August 30, 2018 (5 years): 65,150,000, and VAT-type 2): 13,00,00 (20% of the total construction cost) rent for equipment: A (Defendant) during the term of lease shall be paid to the relevant Party (hereinafter referred to as “A”), in addition to the rent for equipment to be operated in a normal condition of five (1), the rent for the pertinent vehicle (1,60,000,000) in addition to the rent for the pertinent period of lease.

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