부당이득금
1. The plaintiff's appeal is dismissed.
2. The plaintiff's claim extended in the trial is dismissed.
3...
1. As to this part of the basic facts, this court's reasoning is the same as '1. Basic Facts' among the grounds of the judgment of the court of first instance, and this court's reasoning is acceptable in accordance with the main sentence of Article 420 of
2. The plaintiff's assertion and judgment
A. The plaintiff asserts that he/she himself/herself takes over the instant consignment management contract from D, and according to the relevant statutes, such as the Housing Act, the management entity of multi-family housing cannot operate a residents' sports facility for profit, and thus the instant consignment management contract is null and void. Therefore, the defendant must return all of 26,814,600 won, which is the sum of the repair allowances and the management expenses received from D pursuant to the instant consignment management contract, to the plaintiff,
② Since the instant consignment management contract has already been terminated, the Defendant shall return KRW 10,000,000 to the Plaintiff who acquired the instant consignment management contract.
③ In addition, the Defendant asserts that since the Defendant collected electricity fees from D without any legal cause excessively and excessively, the portion of the overpaid electricity fees should also be refunded to the Plaintiff.
B. The Plaintiff asserts that the Plaintiff acquired the instant consignment management contract based on the statement in Gap evidence No. 42. However, to recognize that the Plaintiff acquired the status of a contracting party, there is no evidence to acknowledge it (see, e.g., Supreme Court Decision 2009Da88303, May 24, 2012).
Furthermore, the instant consignment management contract also states that the Defendant’s written consent should be given to transfer or lease the instant volatiles to another person (Evidence 1). Thus, it is difficult to view the Plaintiff as the contracting party to whom the instant consignment management contract was acquired, and there is no evidence to acknowledge it otherwise.
However, A.