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(영문) 대구지방법원 2017.04.12 2017나1255
부당이득금
Text

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.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, F, N, H, L, K, J, M, I, and G are sectional owners of two lots of ground D buildings, including Daegu-gu, Daegu-gu, and two lots of land (hereinafter “instant building”). Around 2012, they managed the instant building under the name of the D Management Body Council, etc.

B. On July 18, 2012, the Plaintiff, the Defendant, F, N, H, L, K, J, M, I, and G decided to lease and operate the part indicated in paragraph (2) of the attached Table corresponding to the parking lot of the 1st or the 4th underground floor of the instant building (hereinafter “instant parking lot”) to the Plaintiff, and the Plaintiff, the Defendant, the N, the N, the H, the H, the K, the K, the M, the M, I, and the I, prepared a “agreement on the Operation of the Parking Lot” with the following major contents, and the Plaintiff as the operator (a lessee) and the Defendant and nine other (hereinafter

(hereinafter referred to as “instant lease contract”). [The agreement on the operation of a parking lot] : D management organization B: From July 1, 2012 to June 30, 2015, the operator of the Plaintiff’s management organization: Deposit amount: KRW 36,194,450: Provided, That the electricity user fee overdue on the instant building shall be paid by the Plaintiff on behalf of the Plaintiff.

Rent: 1,700,000 won per month;

C. The Plaintiff: (a) occupied the instant parking lot on the business day that entered into the instant lease agreement and operated a fee parking lot; (b) around that time, the Plaintiff paid N future rent from December 15, 2013 to April 14, 2015; and (c) in the future, the Defendant paid 27,200,000 won (i.e., monthly KRW 1,700,000 x 16) by 16 times a month.

Meanwhile, the D Management Body, which is a managing body composed of the total sectional owners of the instant building 691 (hereinafter “the instant management body”), shall file a lawsuit against the Plaintiff claiming that the instant management body was a lessor without the resolution of the management body meeting, while the representative of the management body was a public seat, and that the instant management body was concluded with the Defendant, etc., as the lessor without the resolution of the management body meeting, was null and void.

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