부당이득금
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.
1. The Plaintiff is the occupant of Eunpyeong-gu Seoul Metropolitan Government Building C (11 household) and the Defendant is the former occupant of the multi-family housing of the occupant C building under the above C building E, and the Defendant was paid KRW 17,602,125 with the defective insurance proceeds of multi-family housing on January 11, 2019, who was employed as the occupant representative, and there is no dispute between the parties.
2. The plaintiff asserts that, even if there were defects inside the toilets of the C Building D, he did not perform the defect repair work, the defendant is obligated to pay 1.3 million won equivalent to the construction cost of the toilets of the D heading, out of the money received from the defect insurance proceeds as above, to the plaintiff.
The defendant received the above money from F with the defect insurance proceeds of the C building in the capacity of the tenant representative of C building. Thus, the plaintiff cannot seek the payment of the above money against the defendant.
In addition, there is no evidence to acknowledge that the plaintiff had the right to claim the payment of the above money against the defendant. Thus, the plaintiff's assertion is without merit without any further review.
3. Thus, the plaintiff's claim shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is just.