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(영문) 대구지방법원 2016.12.23 2015가단18012

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 18, 2012, the Plaintiff, a sectional owner of the building, Daegu-gu and 2 lots D (attached Form No. 1; hereinafter “instant building”) entered into an agreement on the operation of the parking lot (hereinafter “instant lease agreement”) with the Defendant, etc. to lease the instant parking lot at KRW 36,194,450, monthly rent, KRW 1,700,000, and KRW 1,700,000 from July 1, 2012 to June 30, 2015 (hereinafter “instant parking lot”).

B. At the time of the conclusion of the instant lease agreement, the Plaintiff occupied the instant parking lot and operated a pay parking lot. From December 15, 2013 to April 14, 2015, the Plaintiff paid 27,200,000 won (=one thousand seven hundred,00 won per month x 16) by 16 times per month.

C. Meanwhile, the D Management Body, a managing body consisting of the total sectional owners of the instant building and 691 (hereinafter “the instant management body”), was the lessor of the instant management body without the resolution of the management body meeting, with the representative of the management body, and the Defendant et al. concluded with the Plaintiff without the consent of the management body meeting, and filed a lawsuit against the Plaintiff for the registration of the instant parking lot under the Daegu District Court 2015Gahap2946. On August 18, 2016, the said court rendered a judgment that “the Plaintiff shall deliver the instant building to the management body and pay the Plaintiff the amount of unjust enrichment equivalent to the rent calculated at the rate of KRW 1,70,000 per month from May 1, 2015 to the date the delivery of the said building is completed.”

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 14, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff alleged by the parties concerned is the defendant, etc. who signed as a lessor of the instant lease agreement.