1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim extended by this court is dismissed.

3...

1. Summary of the plaintiff's assertion

A. The Plaintiff participated in the new construction of the Gangnam-si C Apartment (hereinafter “instant building”) and completed the completion inspection after receiving a subcontract for the basic construction, structural construction, steel bars construction, and interior construction, etc., and did not receive a claim for the construction cost. From around 1988, the Plaintiff has managed 17 units, which are apartment residents, among the underground parking lots under subparagraph D of the instant building’s underground floors D (hereinafter “instant parking lot”).

Since then, around 2002, the Plaintiff was regularly delegated in writing the management authority for the instant parking lot corresponding to common areas under the Act on the Ownership and Management of Aggregate Buildings from 54 households among the 55 households of apartment residents of the instant building among the apartment residents of the instant building. In order to clarify this, the Plaintiff received consent from a majority of the apartment residents even during the instant lawsuit.

Therefore, the Plaintiff has legitimate management authority concerning the instant parking lot.

B. Since May 25, 2003, the Defendant used the instant parking lot from May 25, 2003 to June 10, 2015, only paid the Plaintiff the parking lot fee from May 25, 2003 to June 10, 2015, and did not pay it after July 10, 2015.

Therefore, regardless of whether the Defendant entered into a contract for the use of the instant parking lot with E, the Defendant is obligated to return unjust enrichment equivalent to the use fee for the occupation and use of the instant parking lot to the Plaintiff legally delegated with the right to manage the instant parking lot under the Aggregate Buildings Act.

C. Accordingly, from July 10, 2015 to September 2017, the time when the instant lawsuit was filed, the Plaintiff sought payment of the fees for parking lots of KRW 1.89 million (=70,000 per month x 27 months) and the fees for parking lots calculated at the rate of KRW 70,00 per month from October 10, 2017 to the date when the use of the instant parking lot is completed.

2. According to the reasoning of the judgment, the Plaintiff’s statement No. 5 and the entire argument, around October 2018.