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(영문) 수원지방법원안양지원 2019.04.12 2017가합103110
부당이득금
Text

1. Within the scope of each inherited property from the network B to the Plaintiff, Defendant C’s KRW 5,400,00 and Defendant D and E’s KRW 3.

Reasons

1. Basic facts

A. The Plaintiff is an organization composed of representatives from each Dong-si A Apartment (hereinafter “instant apartment”).

B. The deceased B (hereinafter “the deceased”) is the owner or interest (the ownership of the above commercial building was acquired on August 8, 2012 but lost on January 11, 2017) of the apartment F and the commercial building G (hereinafter “the part owned by the deceased”) in this case, and was in office as the head of the management office of the instant apartment from April 2006 to January 2016.

C. During the period of service as the head of the management office, the Deceased collected and managed management expenses from the occupants of the instant apartment, and mainly received management expenses from the Plaintiff’s account in the name of the Plaintiff (H Bank I, hereinafter “instant account”) and received them in cash from some occupants.

The Deceased died on December 13, 2017, and the Defendants, their wife and children, jointly inherited the Deceased.

E. On March 12, 2018, the Defendants reported the qualified acceptance to this court. On May 28, 2018, the said court rendered an adjudication to accept the Defendants’ qualified acceptance report (this court 2018 Punishment-Ma144).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 10 evidence, Eul evidence 5 through 7 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion was employed as the head of the management office of the instant apartment, and was arbitrarily used KRW 75,659,000, out of the management expenses received from the occupants, after withdrawing them in cash from the instant account. The deceased did not pay management expenses of KRW 27,606,222 imposed on the part owned by the deceased. The management office building was partially leased to the students of the J University without the Plaintiff’s consent, and acquired KRW 12,60,000 in return for the lease.

Since all of these actions of the deceased constitute tort against the plaintiff, the deceased.

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