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(영문) 수원지방법원 2015.05.12 2013가합9737
부당이득금반환
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The apartment building of the fifth floor above the ground in Suwon-si and the apartment building of the fifth floor above the ground (hereinafter “Z” in this case) consists of 23 sections for exclusive use (one floor: 101-11, 204, 201-204, 301-304, 4: 401-403, 501).

B. Plaintiff 1 through 9 is the sectional owners who own each corresponding unit in the column for the number of houses listed in the Plaintiff’s list, and Plaintiff 10 through 19 are the persons who leased or leased each corresponding unit in the column for the number of houses listed in the Plaintiff’s list.

On the other hand, Defendant T and U, as a couple, operate the AA church on the 4th and 5th floor of the instant commercial building with Defendant T as a pastor, and Defendant V, W and X are the members of the AA church, Defendant T and U shared 302, 303, 304, and 402 of the instant commercial building, and Defendant U owned 401, 403, and 501, and Defendant V owned 1/2 shares of 203-1/2.

C. On October 4, 2005, Defendant T and U purchased No. 401 of the commercial building of this case and operated the AAAB conference at a certain point, and due to the deterioration of the commercial building, there was a problem of leakage of rooftops. As a result, there was a conflict between some sectional owners and lessees who were managing the commercial building under the name of the AAB conference and the Zbs conference.

Defendant T has been managing the commercial building of this case around July 2008, but the dispute between the former managers and the former managers continued due to accounting, management expenses, etc. In the end, there was a conflict between the former owners and the other co-owners and lessees on the overall matters concerning the management of the commercial building of this case.

Since then, around January 14, 2009, the defendant U purchased around November 18, 2006, and used as a supplementary facility of the AA church, respectively, as the number of Nos. 501 to No. 513, respectively. 502 to No. 503 is the defendant W and X.

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