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1.The judgment of the first instance shall be modified as follows:
Plaintiff
Part of the claim for return of unjust enrichment by the building management body.
Reasons
1. Basic facts
A. The Plaintiff management body is an organization consisting of all sectional owners of the above building, the purpose of which is to carry out the project on the management of building A and its site and its accessory facilities in Dongdaemun-gu Seoul Metropolitan Government.
B. On July 8, 2005, the lease relation (1) AD Co., Ltd. (hereinafter referred to as the “Non-Party Co., Ltd”) set the number of 63 stores (hereinafter referred to as “the 63 stores of this case”) on behalf of each sectional owner of the first floor shopping mall of the above building (hereinafter referred to as the “instant shopping mall”) as 36 months from the date of moving into the lease term, 50 million won per one shop of lease deposit, 21 million won including electricity and water supply fees, and 7140,000 won (value-added tax) including 71,40,000 won (excluding value-added tax).
On the same day, the non-party company and the defendant set out, through a supplementary contract, “the defendant shall rent the entrance store (No. 129) of the subway if necessary. The management expenses, including monthly rent, electricity fee, and water fee, shall be imposed from August 1, 2005, and monthly rent and management expenses shall be decided by mutual agreement in consideration of the price increase rate, etc. at the time of re-contract.”
(2) On August 1, 2005, the non-party company exempted the defendant from 36 months from the occupancy date of No. 128, which is the store and common part of No. 13 of this case, and the lease deposit and monthly rent, but the management expenses were determined and leased by the defendant.
(3) On July 21, 2005, Plaintiff G refers to the store No. 14 on July 21, 2005; Plaintiff E refers to the store No. 16 on July 23, 2005; Plaintiff H refers to the store No. 15 on August 1, 2005; Plaintiff J refers to the store No. 17; Plaintiff J refers to the store No. 18; Plaintiff J refers to the store No. 51; Plaintiff P refers to the store No. 51; Plaintiff P refers to the lease period of the store No. 52 for each lease period of 36 months from the date of occupancy; lease deposit money of KRW 4 million (5 million for the store No. 51 and 52); and KRW 220,000 (value-added tax separately) monthly rent.