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(영문) 서울동부지방법원 2019.11.21 2019가합101203

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant owned the 1/2 share of the 1/2 share of the underground floor and the 5th floor above the ground in Jung-gu, Seoul (hereinafter “instant real estate”), and is a person engaged in the building lease business. The Plaintiff is a person who leased the 1st floor or 3th floor of the instant real estate from the Defendant.

B. The Plaintiff and the Defendant set the name of some tenant D and ASEAN of the Plaintiff’s spouse, and drafted, respectively, a lease agreement with respect to the first, third, and fifth parts of the instant real estate (hereinafter collectively referred to as “instant lease agreement”).

On July 18, 2012, the 5,000,000 up to July 30, 2012, 200 up to July 29, 2014; 3,80,000 up to 4,50,000 up to 3,80,00 on August 29, 2014; 0.6. 06. 2, 00,00 up to 0. 06. 06. 8, 206. 28, 200, 200, 5,000, 500, 50,0003, 5,000, 50,0006, 00, 006, 00, 000, 00, 200, 25, 2017

C. However, when the Defendant reported taxes on the revenues of the rent of the instant real estate, he/she under-reported the contents of the lease agreement on the first and third floors of the instant real estate and the actual amount received, unlike the instant lease agreement, and filed a revised return on March 31, 2018 with the following details.

(hereinafter referred to as "the revised return of this case"). The content of the object of the lease contract shall be 0.7.00, 00, 000 to 4,500, 000 to 3,800, 000, 000 3, 000 to 0.7.18.0, 00, 00, 7.00, 7.00, 7.07. 8. 8. 8. 1, 20, 200, 7. 8. 1, 200, 00, 90, 09, 09. 7. 14, 30, 50, 50, 300, 30, 50, 30, 50, 30, 50, 305, 207; 8. 2, 205, 27. 207