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1. The Defendant shall pay to the Plaintiff KRW 54,614,012 and the interest rate of KRW 20% per annum from August 26, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. A Mayor is comprised of buildings indicated in the annexed list, which are the aggregate buildings on the land and B 5,352 square meters in Subdivision-gu, Sungnam-si (hereinafter “instant market building”) and the Cmiscellaneous land 1,475.4 square meters adjacent thereto, and the aggregate buildings on the ground (hereinafter “instant parking buildings”).
B. The Defendant is a management body under the Act on the Ownership and Management of Aggregate Buildings composed of sectional owners of the instant market building.
C. The market building of this case consists of five sections for exclusive use (No. 01, No. 01, No. 01, No. 201, No. 01, and No. 01, and No. 301, and No. 401 of the third floor) with one unit per each floor from the first floor to the fourth floor of the ground. Each section for exclusive use is jointly owned by several hundreds of persons, and multiple-oobs Korea Co., Ltd. (hereinafter “Nonindicted Company”) owned the share of 342.4 (34.48%) with respect to the first floor among the market building of this case as of February 21, 2010.
On July 31, 2009, the Plaintiff (i.e., a trade name before the alteration: YDD Co., Ltd) agreed to lease 1,727 square meters among the instant market buildings (i.e., 826 square meters in exclusive use stores, 66 square meters in storage; hereinafter “instant occupied portion”) from August 1, 2009 to July 31, 2014 under the lease term of KRW 19.3 million in value-added tax (excluding value-added tax) from the Defendant (hereinafter “instant lease agreement”), and paid all of the Defendant the lease agreement from August 1, 2009 to May 31, 2010.
E. On April 14, 2011, Nonparty Company filed a lawsuit against the Plaintiff seeking the payment of unjust enrichment equivalent to the rent from August 1, 2009 to May 31, 2010, on the ground that: (a) Nonparty Company leased the occupied portion from the manager D of the instant market building for which the Plaintiff was not authorized to lease from the majority of the co-owned share holders; and (b) occupied and used the occupied portion without permission.