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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On October 26, 2012, a farmer Co., Ltd. (a lessee; hereinafter referred to as a “copise farmer”) entered into a lease agreement (hereinafter referred to as the “instant lease agreement”) with the Defendant as to the instant apartment building C 102-dong 502 (hereinafter referred to as the “instant apartment”) owned by the Defendant.
The Plaintiff resided in the apartment of this case from November 201 to November 2016 as an employee of the same farm.
B. From November 2012 to November 201, 2016, the Plaintiff paid the long-term repair appropriations of KRW 2,173,450 (hereinafter “the long-term repair appropriations of this case”) to the management office by including them in management expenses.
C. On December 7, 2016, the Plaintiff sent to the Defendant a content-certified mail stating that KRW 2,173,450 of the instant long-term repair appropriations paid by himself/herself shall be returned by December 13, 2016.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 8 (including branch numbers, if any; hereinafter the same shall apply), the purport of whole pleadings
2. The parties' assertion
A. Since the Plaintiff was the Defendant, who is the owner of the instant apartment, the obligor for the payment of the instant long-term repair appropriations, the Defendant should return the said KRW 2,173,450 paid by the Plaintiff to the Plaintiff as unjust enrichment.
B. The plaintiff is not a party to the instant lease contract, and the defendant is not obligated to return the long-term repair appropriations to the plaintiff.
3. Determination
(a) The management entity of multi-family housing that determines the cause of a claim shall collect and accumulate the long-term repair appropriations necessary for the replacement and repair of major facilities of multi-family housing in accordance with the long-term repair plan from the owner of the relevant house (Article 30(1) of the Multi-Family Housing Management Act); and the owner of
Article 31 of the Enforcement Decree of the Multi-Family Housing Management Act.