부당이득금
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. Basic facts are non-profit corporations organized to manage A (hereinafter “the instant building”) located in Yongsan-gu, Yongsan-gu, Yongsan-gu. The Defendant is a person who works as the director of the management office who is an employee of the Plaintiff from September 9, 199 to February 2, 2013 and has been in charge of the management of the building and the collection of management expenses.
[Ground for recognition] Unsatisfy
2. In the first instance court, the Plaintiff sought the return or compensation of KRW 102,755,590 in total, the sum of KRW 12,343,300 in relation to the national pension, KRW 9,130,590 in relation to the increase in the salary of KRW 50,000 per month, ② KRW 12,343,30 in relation to the building parking expenses, ④ the amount of KRW 78,731,70 in a deposit passbook, ④ the amount of KRW 78,731,70 in a deposit passbook, and the first instance court dismissed all the Plaintiff’s claims.
As to this, the plaintiff appealed only to the sum of KRW 91,075,00,00, the sum of the amounts stated in (3) above and (4) above, the subject of the judgment by this court is limited to KRW 12,343,30 related to building parking expenses, and KRW 78,731,70 related to the unauthorized Withdrawal from the passbook of management expenses.
3. Judgment on the ground of the plaintiff's claim
A. As to the 12,343,300 won relating to the building parking expenses, the Plaintiff asserts that the Defendant, from January 2007 to July 201, 12,343,300 won, a total of 12,343,300 won, which was paid by the commercial building of the instant building from around July 201, should not be appropriated for the management expenses, but should be returned or compensated because it was illegally or unlawfully acquired.
In full view of the records and the purport of the whole pleadings by Gap evidence No. 4 (including the branch numbers that have a serial number; hereinafter the same shall apply), it is recognized that the defendant performed the duty of collecting management expenses and entered the following contents in the "money, payment, substitution, and slips" prepared by the defendant:
On January 25, 2007, the amount of the loan No. 1,000,000 outstanding amounts (606) No. 1,000,000 on January 25, 2007. < Amended by Presidential Decree No. 17068, Feb. 13, 2007>