부당이득금
1. The plaintiff's main claim against the defendant B and the main claim against the defendants are all dismissed.
2...
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) constructed 50 stores in the section of underground connecting 725m (hereinafter “instant stores”) from 1995 to 10 lots E, Ma-gu, Sungnam-si, Sungnam-si, and 1995, under the condition that 550 stores (hereinafter “instant stores”) were donated for free use for a period of 20 years, and were donated.
B. D obtained construction completion permission for the instant stores on September 10, 1998, and entered into a loan agreement for use for underground roads (joint use) with Sungnam-si on May 17, 199 and August 31, 2015, to be used for twenty years until August 31, 2015.
C. From among the instant stores, Defendant B operated precious metal shopping malls Nos. 14 and 15 (hereinafter “instant shopping mall”) among the instant stores, Defendant B, who was directly in charge of the instant shopping mall.
Defendant B has operated the same store with the 15 shop set up in the instant commercial building. D.
On March 14, 2014, the Plaintiff, as a broker of Defendant C, acquired the instant commercial building from Defendant B for KRW 160,000 (hereinafter “instant acquisition agreement”), and entered into a lease sale contract with D on the same day.
At the same time, the Plaintiff acquired the instant commercial building, and at the same time sublet the instant commercial building to Defendant B in KRW 20,000,000 and monthly rent 1.1 million.
E. Meanwhile, Defendant Sungnam-si notified D that the period of free use of the instant commercial building expires on August 31, 2015, over three times on March 2, 2015, April 14, 2015, and May 15, 2015, Defendant Sungnam-si requested the Sungnam Urban Development Corporation, the trustee of the instant commercial building, to cooperate in managing and operating the instant commercial building from September 1, 2015.
F. In addition, on June 8, 2015, the Sungnam Urban Development Corporation publicly announced that the said construction will take over the instant commercial building and be directly managed and operated as the period of free use of the instant commercial building expires on August 31, 2015. On June 10, 2015, the eligibility requirements for the application for the lease of the instant store, the method of selecting tenants, and the method of selecting tenants.