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(영문) 서울중앙지방법원 2021.01.27 2019가합530099
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a managing body under the Act on Ownership and Management of Condominium Buildings composed of all sectional owners of real estate listed in the attached Table (hereinafter “instant building”), and the Defendant is a juristic person that leased the part from the second to the sixth floor above ground among the instant building.

B. A lessor, such as the conclusion of a lease agreement: D and 46 other, and C-Lease Co., Ltd.: (a) the lessor entrusted all the rights (including the settlement portion of the guarantee and rent) to the management unit (the Plaintiff). Accordingly, matters pertaining to the conclusion of this agreement and all the legal and factual issues pertaining to the leased object shall be determined by the management unit; (b) the management unit and the details of the agreement and consultation with the lessee shall be verified to have a direct effect on the lessor; and (c) the lessor, each owner of the leased object, may not directly consult or file a claim against the lessee for any matter related to this agreement (such as the payment of the deposit, rent, etc.), and the lessor shall not directly file a lawsuit or objection against the lessee.

Article 6 (Matters for Cooperation of Renters)

3. If the principal contract term expires, the lessee shall return the leased object at the same time as the repayment of the deposit is made.

Article 7 (Matters of Cooperation by Management Group)

1. A management body shall pay rent deposit and monthly rent to a lessor on behalf of the lessor and at the same time he/she receives from the lessee;

Article 8 (Deposit for Lease)

2. The lessor shall receive the lease deposit and monthly rent from the management body, and may not directly request the lessee to pay the lease deposit and monthly rent;

Article 9 (Return of Deposit for Lease)

1. Where a management body terminates or terminates a lease contract, it shall refund the lease deposit paid by the lessee at the same time as the name of the leased object;

(e) the management suspension;

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