부당이득 반환
1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the claims expanded in the trial are dismissed.
2. Claim for costs of appeal.
1. Basic facts
A. In around 1992, A commercial building with the size of 2nd underground and 5th above ground level in Jung-gu Seoul Central District (hereinafter “instant commercial building”) was newly built.
The sectional owners of the commercial buildings of this case establish a A commercial association around 1999 (hereinafter referred to as the “instant prosperity”) and manage the commercial buildings of this case by collecting and managing management expenses and parking expenses, etc. from the time of its establishment, and the defendant is in the position of standing advisers and auditors of the instant prosperity conference.
B. On April 5, 2006, upon delegation by some sectional owners of the third floor of the instant commercial building, G used approximately KRW 517.49, which is the aggregate of the shares of the above sectional owners in the third floor of the instant commercial building, for the lease deposit of KRW 60,00,000,000, monthly rent of KRW 9,832,30, and for the lease of KRW 9,832,300 from April 5, 2006 to April 5, 2009. After concluding the said lease contract, G, which had the sectional owners of the said third floor of the instant commercial building, had been under the mutual wedding hall business as “F” from the third floor of the said commercial building.
C. Around August 1, 2007, G did not pay the management expenses and rent properly while engaging in the business as above. As to the delinquent management expenses under Articles 44 and 48 of the 3rd floor of the commercial building of this case, which are owned by G, G, the right to collateral security, the creditor of the instant case, the maximum debt amount of which is KRW 30 million, with the overdue rent of KRW 1,29,40, and 46 of the same day, was set up as the creditor K, L, the instant prosperity association, and the maximum debt amount of KRW 100,000,000 as the secured debt.
On July 15, 2010, the Defendant acquired the aforementioned right to collateral security and the secured claim thereof from the mortgagee, and applied for a voluntary auction on August 201. On June 20, 2011, the Defendant received KRW 12,406,387 as dividends, and KRW 86,263,455 in the auction procedure on October 25, 201, respectively. < Amended by Act No. 10806, Oct. 25, 2011>
E. Meanwhile, D, etc., a sectional owner of the instant commercial building, shall liquidate the instant prosperity around October 29, 201, and shall be new.