부당이득금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. On March 2, 2016, the Plaintiff asserted that the Plaintiff leased a building Osan City C (hereinafter “instant building”) D (hereinafter “instant commercial building”) owned by the Defendant from the Defendant, with the term of lease fixed from March 2, 2016 to 12 months (hereinafter “instant lease agreement”).
However, the Plaintiff’s defect seeking to leave the instant commercial building after the expiration of the lease term provides that “it shall not be removed unless the management expenses already paid are settled,” and without doing so, the Plaintiff paid KRW 3,424,692 to the management expenses of the instant commercial building from May 24, 2015 to March 2016 (hereinafter “instant period”).
However, the defendant made an oral promise to the plaintiff that he will bear management expenses before the lease period.
Even if an oral agreement is not accepted, the oral agreement is not accepted.
Even if the circumstances are the same, the owner of the commercial building of this case, who is not the plaintiff, is liable to pay management expenses for the period of this case, not for the term of lease. The defendant is exempted from the liability to pay management expenses equivalent to the above management expenses without any legal ground, and the plaintiff suffered losses equivalent to the above amount by paying the
In addition, although the defendant, as a lessor of the commercial building of this case, has the duty to cooperate in the tenant's eviction, it did not pay management expenses and caused the controlled entity of the building of this case to prevent the plaintiff from leaving the building of this case, thereby violating the duty.
Therefore, the defendant is obligated to pay to the plaintiff the agreed amount, unjust enrichment, or damages and damages for delay equivalent to the above management expenses.
2. According to the reasoning of the judgment, the Plaintiff and the Defendant concluded the instant lease agreement with respect to the instant commercial buildings from March 2, 2016, and the Plaintiff on April 24, 2017.