beta
(영문) 서울중앙지방법원 2020.07.21 2019나79680

부당이득금

Text

1. The plaintiff's primary claim that is changed to exchange in this court is dismissed and the conjunctive claim is dismissed.

Reasons

1. Basic facts

A. On February 21, 2011, the Plaintiff leased the lease deposit at KRW 1,700,000 (excluding value-added tax) monthly rent of KRW 40,000,000 (hereinafter “the instant building”) from the Defendant for the entire six stories of C Commercial Building located in Gangseo-gu Seoul Metropolitan Government (hereinafter “the instant building”), and used the lease from the Defendant from March 14, 201 to March 25, 2016 (hereinafter “the instant lease”).

B. The lease agreement of this case provides the following provisions concerning management expenses:

Article 5 [Management Expenses and Payment Methods] (1) Management Expenses shall be determined as 4,000 won per ordinary day (excluding value-added tax).

Management expenses means the ordinary repair expenses of a building and the cleaning service expenses.

Various charges (such as environmental improvement charges, fees for the occupation and use of roads, etc.) imposed for business purposes shall not be included in management expenses, and such charges shall be imposed on the lessee by calculating the amount corresponding to the lessee.

(2) A lessee shall pay management expenses in the form of remitting them to the bank account designated by the lessor by the 14th day of each month.

Provided, That where the rental calculation period is less than one month, it shall be paid by calculating the number of days.

(3) Expenses, such as taxes and public charges, etc., incurred by facilities installed or installed by a lessee due to business needs shall be borne by the lessee separately from management expenses.

C. The Plaintiff paid the Defendant the management fee of KRW 651,200,000 calculated by 148 square meters x 4,400 (including value-added tax) in addition to the payment of the rent of KRW 1,870,00 per month during the term of the instant lease.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Judgment as to the main claim

A. It is reasonable to view that the Plaintiff and the Defendant agreed to pay the management expenses under the instant lease agreement, and that the Defendant would return the remainder to the Plaintiff, if any, for the maintenance and management of the building among the management expenses that the Defendant received.