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(영문) 서울고등법원 2017.03.08 2016나2036254

부당이득금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. On November 13, 2008, the Plaintiff acquired the ownership of the land as indicated in the table Nos. 1 (hereinafter “instant land”) and the building indicated in the table Nos. 2 and 3 under the table Nos. 2 and 3 (hereinafter “the building indicated in the table Nos. 2”) on the ground of the instant land, and the owner of the instant land and the instant land and the instant land and the instant land and the instant building, and the instant land and the instant non-Dong building (hereinafter “each of the instant real estate”).

In each real estate of this case, the general factory (office) with 230.51 square meters general factory (office) with 230.51 square meters in 230 square meters in 237.2 square meters in 37.2 square meters in the general factory (office office) with 37.5 square meters in 108 square meters in 108 square meters in 20.3 square meters in 2006.3 square meters in 2002, a general factory (office office) with 37.52 square meters in 200 square meters in 37.2 square meters in 205 square meters in a 3-dong reinforced concrete reinforced concrete structure (path roof), a general factory (office) with 15.58 square meters in 215.2 square meters in 221 square meters in a 2015.25 m26220 square meters in a 1-2000 square meters in a building.

B. A lease agreement between the Plaintiff and Aberacuk Co., Ltd. (hereinafter “Aberac Co., Ltd.”) is a company that manufactures and sells a semiconductor part P.C.B (printed circuit board) using the equipment indicated in the separate sheet (hereinafter “instant machine”).

B. On December 16, 2008, the Plaintiff: (a) between the non-party company and the non-party company, and (b) between the Plaintiff and the non-party company, the lease deposit amount of KRW 20 million, monthly rent of KRW 20 million, and KRW 20 million.