부당이득금
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the above cancellation portion is dismissed.
3.
1. Basic facts
A. On October 21, 2013, the Plaintiff completed the registration of ownership transfer in the Plaintiff’s future due to the sale of B apartment 105 Dong 402 (hereinafter “instant apartment”) located in Kimpo-si and one parcel (hereinafter “instant apartment”).
B. On January 16, 2014, the Plaintiff paid KRW 4,590,140 to the Defendant as management expenses for the apartment of this case. The receipt (Evidence A (Evidence A 3) issued by the Plaintiff at the time indicated the details as follows, while the above KRW 4,380,140 among the above KRW 4,590,140, the unpaid amount of management expenses, and KRW 210,000,00 as the players management expenses.
A. The fact that: (a) total sum of the late payment charges for monthly management expenses 243,540 won 4,870 won 248,410 won 248,410 won 3,960 won 198,960 won 198,960 won 222,580 won 22,580 won 237,750 won 11,890 won 249,640 won 249,640 won 2,847,690 won 39,580 won 39,580 won 3,247,270 won 270 won 3,020 won 436,840,840 won ; (b) there is no ground for dispute over each of the charges for monthly management expenses 222,580 won 20 won ; (c)
2. The assertion and judgment
A. On January 16, 2014, the Plaintiff asserted that the management expenses that the former owner of the instant apartment paid to the Defendant on January 16, 2014 are the aggregate of the management expenses for exclusive use and the management expenses for common use for the instant apartment, and that the 2,463,40 won, which constitutes the management expenses for exclusive use, is not obligated to pay to the Plaintiff. However, the Defendant’s head of the management office on the part of this case’s ground that if the Plaintiff did not pay the full amount of the management expenses for the instant apartment, the Plaintiff would be restricted from the transfer of the household that entered the previous apartment, and thus, the Plaintiff has been forced to pay the above 2,463,440 won and the delay damages therefrom.
B. Therefore, the total sum of the above 2,463,440 won is the management expenses for exclusive use for which the whole owner of the apartment of this case is delinquent, as asserted by the plaintiff.