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(영문) 서울북부지방법원 2015.09.02 2014가합6934

부당이득반환등

Text

1. The defendant is against the plaintiffs:

(a) Each of the KRW 26,460,055 and the interest thereon shall be twenty percent (20%) per annum from November 6, 2014 to the date of complete payment.

Reasons

1. Basic facts

A. C completed the registration of ownership transfer with respect to the real estate listed in the separate sheet on July 18, 2008 (hereinafter “instant commercial building”), and on the same day set the right to collateral security of KRW 1.612 billion to the Gangseo-dong Agricultural Cooperative on the same day.

B. In order to operate the instant commercial building from C as a sports center on April 10, 2009, the Defendant agreed to maintain the contents of the existing lease agreement and change the timing of returning the expenses incurred in installing the facilities to operate the sports center, setting the lease deposit of KRW 100 million, KRW 8 million per month, and the lease term of KRW 10 million from May 1, 2009 to June 30, 201 (the extension of one year thereafter) (hereinafter “instant lease agreement”), and around September 2009.

C. On April 15, 2010 upon the application of the Gangseo-dong Agricultural Cooperative, a mortgagee, the collective security right to the instant commercial building, filed a decision to commence the voluntary auction and completed the registration of the entry on the same day with the Seoul Northern District Court D (hereinafter “instant auction procedure”). On July 7, 2010, the Defendant filed a lien on the instant commercial building by asserting that the said auction court has a claim of KRW 495,909,300, such as the construction cost, with C in relation to the lease between C and C.

On March 27, 2013, Plaintiffs and E paid the sale price at the instant auction procedure, and completed the registration of ownership transfer with respect to each of 1/3 shares of the instant commercial buildings.

E. On February 1, 2014, the Defendant closed the sports center continuously operated in the instant commercial building until that date, and possessed it as of the date of closing argument in the instant commercial building.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings

2. The judgment on the claim for return of unjust enrichment by the Plaintiffs and E acquired the ownership of the instant commercial building on March 27, 2013, and the Defendant cannot assert that the said lease agreement is a lessee in relation to the Plaintiffs, the owner of the instant commercial building, as there is no opposing power.