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(영문) 수원지방법원 2019.08.22 2019가단11582

부당이득금 반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 1, 2010, the Defendant entered into a consignment service contract (building) and a management contract (hereinafter “instant management contract”) on the instant commercial building (building) with a management body of the C Superior (hereinafter “management body”) and the C commercial building located outside of D and seven parcels, and provided management services for the instant commercial building from February 10 to January 31, 2014. < Amended by Presidential Decree No. 22034, Feb. 10, 2010; Presidential Decree No. 2507, Jan. 31, 2014>

B. On January 3, 2012, the Plaintiff purchased the first floor F of the instant commercial building (hereinafter “instant store”) in the Suwon District Court E voluntary auction procedure.

C. When the Plaintiff was the highest price buyer, the former owner of the instant store confirmed the management fee for the section for common use in arrears with the Defendant, and on December 13, 201, the Plaintiff paid KRW 40 million to the Defendant as the delinquent management fee for the section for common use.

On the other hand, the Defendant filed a lawsuit against the management body to seek payment of unpaid service costs, etc. under the instant service contract and management contract, and the judgment was finalized on September 9, 2016 at the appellate court of the instant case (Seoul High Court 2015Na2060274) to the effect that “the management body pays KRW 374,417,428 to the Defendant and damages for delay.”

(hereinafter referred to as “the final judgment of this case”). (e)

However, the management body did not pay the amount to the defendant according to the final judgment of this case, and the defendant filed a lawsuit against all sectional owners of this case to seek the amount of money based on the final judgment of this case.

(C) On February 21, 2019, the Plaintiff paid KRW 7,250,814 (the sum of the claim amount against the Plaintiff and the damages for delay in the relevant lawsuit) to the Defendant on February 22, 2019, which was in the process of the relevant lawsuit, and the Defendant filed a lawsuit against the Plaintiff on February 22, 2019.