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(영문) 부산고등법원 2015.07.16 2014나52704
부당이득금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for the court’s explanation in this case are as stated in the reasoning of the first instance judgment, except for adding supplementary judgments below (see, e.g., Supreme Court Decision 2012Da12740, Sept. 13, 2012; Supreme Court Decision 201Na55018, Dec. 27, 2011; Supreme Court Decision 201Na55018, Dec. 27, 2011).

) The Daejeon District Court Decision 2014Na102799 Decided May 14, 2015 (see Supreme Court Decision 2014Na102799) and cited it as it is in accordance with Article 420 of the Civil Procedure Act.

The supplementary determination is that the Defendants, a lessor and a management trustee of the apartment of this case, seek for the refund or compensation of the amount of electricity charges for each household, in the course of performing as part of the entire apartment management business, by collecting electricity charges from each household for the payment of the electricity charges for each household of the instant apartment section for exclusive use and common use of the apartment of this case, and paying them to the electricity supplier as part of the entire apartment management business.

However, with the adoption of the method of high-tension electricity charges, it can be seen that the shares of the electricity charges for each household can be reduced.

However, as long as the issue of sharing electricity charges by the household and sharing of the progressive increase in the electricity charges by the electricity rate system in apartment house also belongs to the affairs that should be resolved in a balanced manner based on the amount of electricity used by the household in the whole apartment management level, it cannot be readily concluded that the Defendants took unfair or unlawful profits as much as the amount of electricity charges by the household was reduced below the former due to the former circumstances.

Rather, as seen earlier, the Defendants are given the convenience of calculating the total amount of electricity charges for each household in consideration of the latter’s circumstances.

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