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(영문) 서울서부지방법원 2019.05.03 2018가단214701
관리비
Text

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

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

Reasons

1. Facts of recognition;

A. The plaintiff A is the council of occupants' representatives of B main apartment located in Yongsan-gu Seoul Metropolitan Government (hereinafter "the apartment of this case"). The plaintiff B management body is an organization organized for the management of non-residential parts among the apartment of this case. The manager, the representative, L, entrusted the whole management affairs to the plaintiff A.

B. On September 11, 2013, the registration of ownership transfer was completed on September 1, 2013 with respect to the instant apartment M (officetel; hereinafter “M”) and N (hereinafter “N”) due to inheritance registration by consultation and division between Defendant J 78/350, Defendant G and H 52/350 shares, and on April 27, 2017, the registration of ownership transfer was completed on September 11, 2013 with respect to the portion of P, 11/50, P, and Defendant F 1/50 shares, respectively.

C. On November 28, 2013, the networkO paid KRW 599,000 in advance of management expenses for Mhoho Lake and KRW 730,00 in advance of management expenses for Nhoho Lake, received each occupancy certificate and payment notice of management expenses, prepared an occupant card and consented to the use of information on the occupant card, and received each management rules and management contract.

On July 1, 2014, the NetworkO drafted an occupant record card of M, and on July 22, 2014, registered BMF as a vehicle using it.

On July 22, 2014, the networkO prepared a confirmation document that he/she is the actual user in N, and registered the said vehicle in N, accompanied by the certificate of registration of the said BMW vehicle, and moved into N, together with Defendant J, ASEAN, Defendant H, and R, etc., which was the denied on October 14, 2014.

Defendant D filed a lawsuit seeking return of unjust enrichment equivalent to the royalty against O on December 11, 2015, asserting that “M and N key was released to the O on November 28, 2013, and thereafter, O’s family members occupy M and N are using M and N,” and the appeal court is currently proceeding.

The networkO submitted on January 12, 2016.

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