양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On November 9, 1995, the defendant completed registration of preservation of ownership with respect to the fourth floor D above the Geum-gu Busan Metropolitan Government (hereinafter "the building in this case") in a joint ownership of C and one-half shares, respectively.
B. On June 24, 2002, the Defendant leased the lease deposit amount of KRW 45,000,000, monthly rent of KRW 700,000, and the lease term of KRW 1 year to E with respect to the first floor of the instant building (hereinafter “instant store”). On June 24, 2003, the lease term of this case was extended by one year on June 24, 200.
E operated the instant store with the trade name “F” at the instant store.
C. On June 21, 2005, the Defendant and C sold the instant building to G Co., Ltd. (hereinafter “G”), completed the registration of ownership transfer on November 28, 2005, and G entrusted the instant building to H Co., Ltd. (hereinafter “H”) on November 28, 2005, and completed the registration of ownership transfer on the same day.
E did not pay the monthly rent from November 29, 2005.
E. Meanwhile, H filed a lawsuit against E on January 24, 2006 with Busan District Court 2006Gahap1599. The content of the lawsuit was to purchase the building of this case and to notify E of the termination of the lease contract of this case on the ground of not less than three months in arrears or the expiration of the lease term on the premise that H succeeded to the lessor’s status under the lease contract of this case on the premise that H purchased the building of this case and purchased the building of this case, and to seek for payment of unjust enrichment equivalent to the delivery of the store of this case
F. The above court held on August 14, 2008 that "E shall receive the remaining money calculated by deducting the amount calculated from H to 45,000,000 won per month from November 29, 2005 to the completion date of delivery of the store of this case, and deliver the store of this case at the same time, and pay the remaining money after deducting the above KRW 45,00,000 from the amount calculated at the rate of KRW 70,000 per month from November 29, 2005 to the completion date of delivery of the store of this case."