부당이득금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The Plaintiff is the management body that manages the instant commercial building by the lessee under 141 of the Da-dong, Busan (hereinafter “instant commercial building”), and the Defendant is the management body that manages the instant commercial building.
B. From January 2009 to October 201, 2012, the Plaintiff paid 88,814 won as long-term repair appropriations, and 237,000 won as long-term repair dues from April 11, 2006 to October 22, 2012 (=3,000 won x 79 months) respectively to the Defendant.
[Reasons for Recognition: Facts without dispute, entry of evidence Nos. 2, 3 and 4, purport of the whole pleadings]
2. The plaintiff's assertion
A. According to the Housing Act, the Defendant collected and accumulated the reserves for long-term repairs from the Plaintiff, which is merely a lessee, thereby gaining profits without any legal cause, and the Plaintiff suffered losses equivalent to the above amount.
Therefore, the defendant is obligated to pay 88,814 won and delay damages to the plaintiff.
B. The Plaintiff, which is a tenant, is not a member of the prosperity Association (hereinafter referred to as the “instant prosperity”) on the commercial building 1 and 2nd floor industrial products, comprised of sectional owners, and the said prosperity association did not have obtained consent from the Plaintiff, and the said prosperity association did not obtain approval from the Defendant for voluntary organization registration in accordance with the management rules. The Defendant collected KRW 237,00 from the Plaintiff as membership fees to the instant prosperity association, thereby gaining profits without any legal cause, and the Plaintiff suffered damages equivalent to the said amount.
Therefore, the defendant is obligated to pay to the plaintiff 237,00 won and damages for delay.
3. Determination
A. Article 51(1) of the former Housing Act (amended by Act No. 13474, Aug. 11, 2015) regarding the determination on the part of the claim for the return of long-term repair appropriations (amended by Act No. 13474, Aug. 11, 2015) provides that the managing body is the relevant house with the long