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(영문) 창원지방법원 2020.07.30 2019나61127

부당이득금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On January 30, 2015, the Plaintiff (former: C) and D Co., Ltd. (hereinafter “D”) entered into a land trust agreement (hereinafter “instant trust agreement”) with regard to the sale of the instant condominiums by newly constructing and selling the living accommodation facilities, which are the fourth underground floor and the fourth floor above the ground (hereinafter “instant condominiums”).

B. D around May 2015, around 118, the guest rooms, the section for exclusive use of the hotel of this case, and 12 commercial buildings were sold in lots, and D drafted a supply contract to buyers.

At the same time as the above sales contract was concluded, the Defendant entered into an entrusted operation contract that operates a hotel with the name of "AH" using the section for exclusive use with the buyer.

C. The hotel of this case was completed around April 2017, and D completed registration of preservation of ownership with respect to each section of exclusive ownership of the hotel of this case on May 18, 2017 in accordance with the instant trust agreement.

From July 1, 2017, the Defendant began to operate the instant hotel by using the entire hotel rooms of the instant case.

E. Some of the hotel rooms of this case did not pay the sales price.

D On November 9, 2017 and January 10, 2018, the sale price was not paid to the Plaintiff and completed the registration of ownership transfer for the commercial buildings and guest rooms listed in the attached Table, which remains in the name of D, on the ground that the trust property belongs to the Plaintiff.

F. On January 5, 2018, the Plaintiff agreed to comprehensively take over the rights held by D and D in relation to the instant trust contract and trust business, and notified the Defendant of such purport on December 27, 2018.

G. On November 1, 2017, the Defendant entered into a lease agreement with the Plaintiff regarding the attached Table No. H as set forth between November 1, 2017 and November 30, 2017, and KRW 800,000 (excluding value-added tax).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 24, 25, Eul evidence Nos. 1, 2, 3, and 8 (including a serial number unless the serial number is specified; hereinafter the same shall apply).