부당이득금 반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The Plaintiff’s assertion was from May 25, 2007 to the Seoul Gangnam-gu Office (hereinafter “instant aggregate building”) as the managing director of the instant aggregate building in the name of “C”, and the Plaintiff did not receive management fees of KRW 3,937,500 from August 201-201 to October 2014 and KRW 2,262,020 from February 20 to November 20, 2014. Since the Defendant received payment on behalf of the managing director of the instant aggregate building, the Defendant is obligated to return the said money to the Plaintiff in unjust enrichment.
2. Determination
A. According to the overall purport of evidence Nos. 1, 4, and 6, the defendant is currently managing body of the aggregate building of this case, and the plaintiff has been under de facto management, such as using the first floor guard room and the second underground floor management room at the entrance of the aggregate building of this case from May 2007 to the "C" without legitimate management authority, and receiving management expenses and long-term repair appropriations from the occupants. The plaintiff was sentenced to eight months of imprisonment on October 24, 2013 to the fact that he embezzled approximately KRW 49,00,000 from the occupants of the aggregate building of this case with electric utility charges, water supply and drainage charges, parking fees, etc. and embezzled approximately KRW 49,00,00 from the occupants of the aggregate building of this case (U.S. District Court 2013Da10105421) and the appellate court (U.S. District Court 2013No5421) prepared the defendant's deposit management expenses for the aggregate of this case from May 313, 2015.
B. Under the Act on the Ownership and Management of Aggregate Buildings (hereinafter “ Aggregate Buildings Act”), the main body to whom the management expense claim against the sectional owners belongs is a management body composed of all sectional owners, and the sectional owners are legitimate from the management body under the Aggregate Buildings Act or the management body thereof.