부당이득금반환
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
1. Purport of the claim.
1. Facts of recognition;
A. The defendant is the management body that aims to implement the project on the management of the building of this case and its site and its accessory facilities with all sectional owners pursuant to Article 23 of the Act on the Ownership and Management of Aggregate Buildings (hereinafter “the Act on the Ownership and Management of Aggregate Buildings”) with respect to the building of 2 underground floors and 4 above ground level (the 2nd floor) located on the ground of the land outside the Gosi-gu, Gosi-gu and the land of this case (hereinafter “the building of this case”).
B. The Plaintiff is one of the sectional owners of the instant building, which completed the registration of ownership transfer on July 22, 2008, with respect to the first basement floor and D (147.61 square meters of steel reinforced concrete structure) of the instant building.
(The ratio of site rights shall be 74.78/78).
On the rooftop of the instant building, the mobile communications company (E, F, and G) installs a mobile communications relayer and pays a certain amount of rent to the Defendant each year.
[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence No. 1, and purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) From 2008 to 2018, the Defendant gains a profit equivalent to at least KRW 9,2750,000 as a mobile device rent installed on the rooftop of the instant building. 2) The said rent income is entitled for all sectional owners to receive profits in proportion to their share ratio.
3. The defendant is obligated to pay the plaintiff KRW 9,272,520 equivalent to the plaintiff's holding ratio out of the total amount of the above revenue.
B. The Defendant’s assertion that the Defendant decided at the general meeting of the management body to use the meter rent for mobile communications as the official cost of the building, and that the above rent is paid as the cost of maintenance and repair of the instant building.
3. Determination
A. 1) Each co-owner of an aggregate building shall bear the management costs of the section for common use and other obligations according to the ratio of his/her share, and gain profits accruing from the section for common use (Article 17 of the Aggregate Buildings Act).