부당이득금반환
1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. On November 7, 2012, the Plaintiff sold the building site B and C and the 7th floor building thereof (hereinafter “D building”) to the Defendant at KRW 7.73 billion.
B. At the time of the above sales contract, E was leased and used by the Plaintiff for a deposit of KRW 50 million, monthly rent of KRW 3.2 million (excluding value-added tax), management expenses, and various public charges. However, if the lease deposit of the lessee located in the D building was fully combined, E included KRW 440 million, including KRW 50 million.
The Plaintiff and the Defendant agreed to accept the entire obligation to refund the lease deposit, thereby reducing the amount of KRW 440 million equivalent to the lease deposit from the sales balance. On January 4, 2013, the Plaintiff received the remainder after deducting the said deposit and completed the registration of ownership transfer to the Defendant.
C. From April 2012 to December 2012, 2012, E delayed the rent of KRW 30,457,192, management expenses, and public charges.
Accordingly, the Plaintiff filed a lawsuit for delivery of a building against E on the grounds of delinquency in rent, etc. (Seoul Eastern District Court 2012Kadan70983), and the Defendant participated in the Plaintiff’s succeeding intervenor after acquiring the ownership of the D building, and on June 21, 2013, the judgment of “E” was rendered on June 21, 2013 to the Defendant that “The leased part (257.4m2 in the 1st floor of the D building) is handed over.”
E paid a rent of KRW 33,278,760 to the Defendant from January 2013 until June 2013.
On July 12, 2013, the Defendant was served with the provisional attachment order on the claims to return the lease deposit, and deposited KRW 16,721,240,00,000,000,000 from the Seoul Eastern District Court Decision 2789, which deducted the above overdue amount from KRW 33,278,760.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff's assertion (the selective claim) 1 unjust enrichment defendant purchased the D building.