1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

1. The plaintiff sought return of 61,740 won in total of 288,052 won in long-term repair appropriations, 203,779 won in repair and maintenance expenses, and 119,909 won in elevator maintenance expenses, which the original defendant received from the plaintiff, as unjust enrichment. The plaintiff requested reduction of the plaintiff's claim that the above long-term repair appropriations constituted only the above long-term repair appropriations except the above repair and maintenance expenses, and the above repair and maintenance expenses, among them, constituted unjust enrichment. The plaintiff's claim for return of 288,052 won in long-term repair appropriations shall be subject to the judgment of the court. Thus, it shall be deliberated and decided

2. Basic facts

A. On April 2010, the Plaintiff leased the Gangseo-gu Busan Metropolitan Government B 202 Dong 1304 (hereinafter “instant apartment”). Around that time, a person who resided in the instant apartment from around that time to November 17, 2014 as a lessee. The Defendant is the council of occupants’ representatives and the managing body of the instant apartment.

B. While residing in the apartment of this case, the Plaintiff paid KRW 288,052 per month to the Defendant as the long-term repair appropriations by adding KRW 9,292 or KRW 4,646 per month.

C. The Defendant distributed the “detailed statement of imposition of management expenses” which combines the imposition charges for each item, such as electricity charges, ② water rates, ③ general management expenses, ④ expenses, ⑤ cleaning expenses, ⑤ domestic waste delivery and receipt, 7 representative meeting expenses, 8 elevator maintenance expenses, heating (0.58m2), repair and maintenance expenses, 10m2, long-term repair appropriations, insurance premiums, ③ entrusted management fees, 45m2, 550m2, and 10m2, including heating fees, etc., and then collected the integrated management expenses by receiving the payment of the integrated management expenses in the account.

[Ground of recognition] The fact that there is no dispute, Gap 1's evidence, Eul 1's evidence, purport of whole pleading

3. The parties' assertion

A. The Plaintiff’s assertion is based on Article 51(1) of the Housing Act.