부당이득금 등
1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) shall be dismissed.
2. The costs of lawsuit;
1. The parties' assertion
A. The Plaintiff’s assertion is a management body for partial common areas, which manages only the portion of the building A, a main complex building, (hereinafter “instant building”). Although the Defendant is merely a management body for partial common areas in charge of managing the common areas of apartment buildings, the Defendant opened the parking lot of the instant building to the outside vehicle and collected parking fees of KRW 52,800,000,000, as if it were to be the entire management body for partial common areas in charge of managing the common areas of apartment buildings. The Plaintiff entered into a contract for the use of the parking lot with B Studio located in the vicinity, and received a total of KRW 15,00,000,000, in return for the cooperation of film “D,” and received KRW 30,000,000 from E film, a film producer, in return
The defendant asserts that among the above profits, the amount of KRW 48,90,000, which is the ratio of shares of the owners of the commercial buildings, was 1/2 without any legal ground and thereby, the owners of the commercial buildings suffered losses, so the plaintiff who has the right to return unjust enrichment and the right to return the above claim was acquired by transfer from the owners of the commercial buildings, and the defendant is
B. The defendant's assertion that the defendant is the management body naturally constituted under the Act on the Ownership and Management of Aggregate Buildings (hereinafter "the Aggregate Buildings Act"), and therefore there is no ground for the plaintiff's assertion. Even if the plaintiff has the management right of 1/2 out of the entire common area, the defendant does not have unjust enrichment to be returned to the plaintiff, or is generated from the defendant's common area unrelated to the owner of the commercial building, and thus, the plaintiff's assertion is unjust.
In addition, the plaintiff, as a counterclaim, voluntarily leases part of the common areas of the building of this case to neighboring market merchants and gains profits therefrom. Therefore, the plaintiff is the defendant's unjust enrichment.