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(영문) 대구지방법원 2019.08.22 2019나2252
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 30, 2013, the Plaintiff entered into a lease agreement with the Defendant to lease No. 1st floor C of the Daegu Jung-gu Commercial Building owned by the Defendant, and agreed that “the long-term repair appropriations are paid by the lessee” (hereinafter “the instant special agreement”).

B. Meanwhile, the long-term repair appropriations paid by the Plaintiff from May 31, 2013 to August 31, 2017 are KRW 196,860.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. The long-term repair appropriations are normally paid by a lessee instead of a lessor and are settled again from a lessor when the lease term expires. Thus, the defendant is obliged to pay the Plaintiff the long-term repair appropriations paid by the Plaintiff during the lease term 196,860 won and delay damages therefor.

B. Since the Plaintiff failed to hear the explanation from the Defendant on the instant special agreement, the said special agreement has no effect.

C. Also, the instant special agreement is not effective as a provision unfavorable to the lessee under the Commercial Building Lease Protection Act.

3. Determination

A. As to the plaintiff's first argument, Article 30 (1) of the Multi-Family Housing Management Act provides that "the managing body shall collect and accumulate the long-term repair appropriations necessary for replacing and repairing major facilities of the multi-family housing according to the long-term repair plan, from the owner of the relevant house." Article 31 (7) of the Enforcement Decree of the same Act provides that "the owner of a multi-family housing shall return the amount of long-term repair appropriations where the user pays the long-term repair appropriations on behalf of the user." However, Article 2 (1) of the Multi-Family Housing Management Act provides that "a building where facilities other than a house and a house are constructed as the same building with those other than a house after obtaining a building permit

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