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(영문) 수원지방법원 2016.05.17 2015나26808
부당이득금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. 1) Status of the parties 1) D Mayor is Sungnam-si E and F ground neighborhood living facilities (hereinafter “instant shopping center”).

The defendant (former: Dmarket management body and Dmarket management committee) is a management body under the Act on the Ownership and Management of Aggregate Buildings composed of sectional owners of the instant commercial buildings. 2) The plaintiff (formerly, G Co., Ltd.) leased 523 square meters among the first floor of the instant commercial building and operated the sales store of electronic equipment in the name of "H", and left the store on December 2012.

The chairperson of the defendant I and C shall entrust the management business (hereinafter referred to as "management business") of the instant commercial building and its ancillary facilities (hereinafter referred to as "collective building"), and C shall be entrusted by C to comply with the relevant laws and regulations and shall be managed in accordance with the principle of good faith.

Article 2 (Contents of Business) The consignment management under this Agreement shall carry out the following tasks with respect to “a collective building”:

1. The operation, maintenance, repair and safety management of the section for common use of “a collective building”; 2. Guard, parking, cleaning, disinfection and garbage removal of “a collective building”

3. Collection of the management expenses and fees, and vicarious payment of public imposts;

4. Collection, accumulation and management of long-term repair appropriations;

5. Article 5 (Items of Management Expenses) C shall not impose management expenses other than management expenses to be borne by occupants under Article 43 of the Housing Act and Article 58 of the Enforcement Decree of the Housing Act.

Provided, That if it is inevitable, it shall be implemented in accordance with the relevant statutes after obtaining prior approval from the defendant.

Article 7 (Period for Payment and Collection of Management Expenses) The payment deadline for the management expenses shall be the 15th day of each month, but if the payment deadline falls on a legal holiday, it shall be the following day, and in principle, the management expenses shall be collected at

Article 11 (Matters to be Reported byC) C shall report the following matters to the defendant regularly and occasionally:

1. Revenue and expenditure of management expenses;

2. Business report ( quarterly);

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