부당이득금
1. As to KRW 58,410,736 and KRW 52,390,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 58,410,736 from January 3, 2017, and KRW 6,020,736.
1. Facts of recognition;
A. The plaintiff is a sectional owner who completed the registration of ownership transfer on November 15, 2001 with respect to 1900 units located on the highest floor among Gwangjin-gu Seoul Special Metropolitan City and D ground B apartments (hereinafter "the apartment of this case"). The defendant is a council of occupants' representatives comprised of occupants to manage the 18 units of the above apartment.
B. As water leakages occurred on the rooftop of the instant apartment, the Plaintiff knew of the damage to the Defendant around April 2016, and requested the Defendant to implement waterproof construction works on the rooftop of the instant apartment and internal damage restoration works on 1900, when water leakages occurred in the front balcony, the rear balcony, boiler, and the toilet ceiling, etc. owned by the Plaintiff.
C. The Defendant decided to proceed with the rooftop waterproof Construction around June 2016, but the construction was not immediately carried out due to some occupants’ objection in relation to the selection of the company and construction cost.
Accordingly, on November 8, 2016, the Plaintiff entered into a construction contract with the Changsung Development Co., Ltd. by setting the construction cost of KRW 39,490,000 for the instant apartment rooftop waterproof construction work as KRW 19,745,00 on November 9, 2016 following the date, and began the rooftop waterproof construction work by directly paying KRW 19,745,00 to the Plaintiff’s money.
Changsung Development Co., Ltd. found that the existing waterproof layer was collapsed due to the poppy installed by the Defendant on the apartment floor of this case, and water was drained between waterproof layer and slab, and that water was leakageed into the 19th floor. The removal of the existing finishing stone on the rooftop and walked, and the removal of the existing finishing stone on the rooftop, and the implementation of the lebane waterproof Construction. After the lebane waterproof Construction, the Plaintiff decided to re-construction of the waste under the Plaintiff and the building on the Plaintiff, but the Changsung Development Co., Ltd. was unable to directly perform the stone construction, on April 30, 2017, the Plaintiff paid additional KRW 400,000,000 according to the remainder of the construction work performed by the Changsung Development Co., Ltd.
E. The plaintiff.