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(영문) 수원지방법원 성남지원 2021.01.28 2019가합409028
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts are found either in dispute between the parties or in addition to the purport of the entire pleadings in each description of Gap evidence of Nos. 1 to 4, Eul evidence of No. 1, 2, and 10 (including the number; hereinafter the same shall apply):

A. The building A in Seongbuk-gu is a management body under the Act on Ownership and Management of Condominium Buildings (hereinafter “Act”) composed of 1,170 sections of exclusive ownership as business facilities (offices and neighboring residential facilities) with the fourth underground floor and 35 floors above ground. The Plaintiff is a management body under the Act on Ownership and Management of Condominium Buildings composed of the sectional owners of the instant building.

The defendant is a corporation that conducts buildings, various facilities management services and technical services, parking management services, etc.

B. On November 16, 2012, the Plaintiff and the Defendant concluded a contract with the Defendant to manage the instant building and pay the service cost in return (hereinafter the following table ①, the instant building management contract, ② the instant contract, and the instant parking lot management contract, respectively, and the instant contract collectively referred to as “each of the instant contracts”).

The main contents of the contract within the scope of the contract term ① the extension of one year from December 1, 2012 to November 30, 2013, and the remainder of the instant building maintained by the closing date of pleadings in the instant case, except for parking lots, was extended by one year from December 9, 2012 to December 8, 2013, and the parking lot for the instant building maintained by the closing date of pleadings in the instant case.

C. On the other hand, on December 24, 2014, when a dispute arises with the Plaintiff’s qualification as a custodian, the court made a decision to appoint C as a temporary custodian of the Plaintiff (this Court 2014 non-joint 85). On the other hand, C requested that this court appoint a new temporary custodian and request C to appoint a new temporary custodian, the court made a decision to appoint D as a temporary custodian of the Plaintiff (this Court 2015 non-joint 58) on November 24, 2015. The instant lawsuit is brought by D as a representative of the Plaintiff.

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