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(영문) 서울북부지방법원 2018.04.12 2017나3480

양수금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 27, 2015, the Plaintiff is a corporation that entered into an entrustment contract for the management of a commercial building with the management body C, the management body of the Dong branch of Dongdaemun-gu Seoul Metropolitan Government C, and the library (hereinafter “instant building”) on the part of the instant building with regard to the commercial building except the apartment house part among the instant buildings, during the contract period from August 1, 2015 to July 31, 2017, and that manages the commercial building part of the instant building.

B. The Defendant is a co-owner referred to in subparagraph 39 among the 1st floor shopping mall of the instant building (hereinafter “instant commercial building”), who leased the leased part to another person.

C. Around September 2015, Defendant, D, and E (hereinafter collectively referred to as “Defendant, etc.”) organized a merchants’ association comprised of sectional owners or lessees of the instant shopping mall (hereinafter “the instant merchants’ association”), and D received money in the name of management expenses from the sectional owners or lessees of the instant shopping mall while engaging in activities as the president.

On September 18, 2015, the Defendant, etc. opened the Agricultural Cooperative Account under the name of the Defendant (F; hereinafter referred to as the “instant account”) to separately manage the money received as management expenses, and registered the joint seal impression between the Defendant and G (auditor of the instant merchants’ Association).

E. H, I, J, K, L, M, N, P, P, Q, R, and S (hereinafter “H, etc.”) as the sectional owner or lessee of the instant commercial building, deposited KRW 9,113,304 in the instant account as shown in the separate sheet from October 2015 to February 2016, as management expenses.

F. From July 22, 2016 to December 25, 2016, the Plaintiff transferred the right to claim restitution of unjust enrichment of KRW 9,113,304 from H, etc. against the Defendant, etc. under the above management expenses, and was delegated with the authority to notify it, and notified the Defendant, etc. of the transfer of the above assignment on October 11, 2016.

The above notification reached the defendant around that time.

[Ground of recognition] The fact that there is no dispute, Gap 1 through 5.