부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is an autonomous management organization that consists of representatives from each Dong pursuant to Article 50(1) of the Enforcement Decree of the Housing Act for the purpose of managing any further apartment complex in Busan Metropolitan City 1196 (hereinafter “instant apartment complex”), and the Defendant is the trial construction of the instant apartment complex.
B. From November 1, 2008 to March 31, 2014, the occupancy date of the apartment of this case, the Defendant occupied the underground part of the apartment of this case as indicated below (hereinafter “the warehouse of this case”), and used materials, warehouses, offices, etc. for repairing the defects of the apartment of this case.
Attached 125.22, 22, 292.7413, Attached 325.24, 325.24, 398.5013, 340.1439 [Grounds for Recognition] of Attached 398.5013, 498.5013, 5, 398.5013, 5, 498.5013, 340.1439 [Attachment 1] of the size indicated on the attached sheet of the location No. 1, 125.2, 2, 3, and 3 (including the branch numbers in cases of evidence 1
2. Judgment on the plaintiff's assertion
A. The plaintiff's assertion was established pursuant to the provisions of the Housing Act and the Enforcement Decree of the same Act, but also has the status of managing body under Article 23 (1) of the Act on the Ownership and Management of Aggregate Buildings.
Since the defendant occupied and used the warehouse of this case without permission from November 1, 2008 to March 31, 2014, which is the date of occupancy of the apartment of this case, the amount equivalent to the rent for the above period shall be returned as unjust enrichment.
B. In the judgment 1 aggregate building, where a third party illegally occupies the site or attached facilities of the building that belongs to the section for common use, the legal relation of the removal of disturbance and the return of unjust enrichment or the claim for damages against the third party is not a legal relation that belongs to the sectional owner, but a legal relation that is based on the co-ownership right of common use area