부당이득금
1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The plaintiffs' assertion of the plaintiffs A and the construction of space between the plaintiff A and the non-party corporation is the sectional owners of Seo-gu Incheon Metropolitan City C.
The defendant arbitrarily leased the section for common use of the building in 2012 and 222,303,304 won in 2013 while performing the management of the building.
Therefore, the defendant should return the above money to the sectional owners of the above building according to their share ratio.
Plaintiff
A as a sectional owner of the above building, and Plaintiff B, as a co-owner of the above building, seek the return of unjust enrichment according to the ratio of shares against the defendant in subrogation of space construction as a creditor of the above space construction.
2. In order to establish the claim for return of unjust enrichment against the defendant against the plaintiff Gap and the above space construction, it is insufficient to say that the defendant gains profit, and the plaintiff Gap and the above space construction company should have suffered damage therefrom.
The part that the Defendant gains from the lease of the building while managing the building is the common part of the building as the Plaintiffs are.
However, since the section for common use is not an object to be used as the original store or leased for the same purpose, even if the defendant, as alleged by the plaintiffs, obtained a profit by leasing it to another person, it shall be said that there is no loss suffered by the plaintiffs.
Therefore, as long as the damage to the plaintiff A and the above space construction is not recognized, the plaintiffs' assertion is without merit without further review.
3. Conclusion, the plaintiffs' claim of this case is dismissed as it is without merit.