임대차보증금 및 부당이득금반환
1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 365,00,000 as well as its annual period from December 14, 2014 to December 24, 2015.
1. Facts of recognition;
A. Use relation and related litigation 1) In order to construct subway 3 and 4 subway lines, 23 private construction companies participating in and established by Seoul subway Construction Co., Ltd. (hereinafter “Seoul subway Construction”)
Defendant B Co., Ltd. (hereinafter “Defendant B”) on August 20, 1980 when commencing construction works of subway 3 and 4 lines.
(2) On August 31, 1981, the Seoul subway Construction made an agreement between the Seoul subway Construction and the Defendant B with a view to the cost-bearing ratio. (3) On August 31, 1981, the Seoul subway Construction made a comprehensive transfer of the property, operation rights, and all other rights and obligations concerning the construction of the subway 3 and 4 lines owned by the Seoul subway Construction to the Seoul subway Construction (hereinafter “Seoul subway”).
Seoul Qro constructed all facilities such as the history and the rolling stock base of subway 3 & 4 lines, and subway 3 lines were completed around December 1985.
3) On March 16, 1987, Defendant B used the store for 20 years from November 11, 1985, the date of the use of the store with respect to the store that acquired the right of free use, and entered into a contract for the use and management of subway stations with the purport that the period of use expires when the period of use expires (hereinafter the Defendant B’s store that acquired the right of free use is referred to as “instant commercial building”).
4) From May 2, 1985 to July 24, 1986, Defendant B transferred the right to use the commercial building of this case to F, the representative director of Defendant C (hereinafter “Defendant C”) on three occasions. On April 16, 1987, Defendant C delegated the right to manage the commercial building of this case to Defendant C and Defendant C, and Defendant C entered into a commercial management agreement with the purport that the performance bond will be paid to Defendant B.
5) Defendant B’s expiration of the period of free use of the instant commercial building (see, e.g., Supreme Court Decision 2005