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(영문) 서울고등법원 2020.07.16 2018나2027674 (1)
부당이득금
Text

1. All of the plaintiffs' claims that have been changed in exchange in the trial are dismissed.

2. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. The shopping mall located in Jung-gu Seoul Metropolitan Government (hereinafter “instant shopping mall”) was newly built around June 2008 on the 7th underground floor and 16th ground level.

B. On September 16, 2008, F Co., Ltd., the owner of the construction of the shopping mall of this case, issued a registration certificate for the establishment of the superstore with respect to the shopping mall of this case to the head of the Seoul Central Government, and managed the said shopping mall by July 2009.

C. On May 12, 2009, the Defendant: (a) was established by the C Management Body comprised of sectional owners of the said shopping mall for the purpose of managing and operating the said shopping mall; (b) transferred the status as a superstore operator from F while managing the said shopping mall; and (c) registered as a superstore operator on April 22, 201 with the consent of at least 2/3 of the shop occupants on September 4, 2013, the Defendant filed a report with the head of the relevant superstore manager and completed its repair.

The plaintiffs are divided owners of each store located on the fourth, six, and seven stories of the shopping mall of this case.

[Ground of recognition] The descriptions of Gap evidence Nos. 4, 21, Eul evidence Nos. 4, 15, 25, and 35, and the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The summary of the assertion is that the Defendant has the authority to impose and collect management expenses, which are expenses incurred in the maintenance and management of the store in the shopping mall of this case, from September 5, 2013, following the completion of the report of the superstore manager, and there is no authority to collect management expenses until the relocation. Thus, the management expenses collected from the Plaintiffs from May 12, 2009 to September 4, 2013 are imposed by a non-authorized person. Thus, the Defendant must return each money in the column of the claim amount sheet to the Plaintiffs (attached Form 2) as unjust enrichment.

B. The Defendant was established on May 12, 2009 for the purpose of managing and operating the shopping mall of this case, and thereafter on April 22, 2011, pursuant to the Distribution Industry Development Act by the head of the Gu in Seoul.

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