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(영문) 서울중앙지방법원 2015.12.22 2015가단5236762

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of premise;

A. On June 5, 2013, the Plaintiff acquired ownership by winning a successful bid for the first floor, second floor, and rooftop building located in Gangnam-gu Seoul Metropolitan Government D (hereinafter “instant building”).

B. Defendant B leased and possessed the left-hand side of the first floor of the instant building in KRW 30,00,000, monthly rent of KRW 750,000, and Defendant C leased and possessed the left-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-hand-house (29,000,000, monthly rent of KRW 700,000 among the first floor of the instant building from the previous owner.

C. On June 6, 2014, the Plaintiff paid KRW 30,000,00 to Defendant B and KRW 29,000 to Defendant C, and received a written confirmation of the following content (hereinafter “instant written confirmation”).

The Plaintiff shall pay a lease deposit to the Defendants, and the Defendants shall, at the same time, promise to surrender at the place of the above goods at the same time with the payment of the lease deposit, and the Defendants shall be jointly and severally liable when the issue relating to the lease agreement arises.

The Defendants delivered each of the possession parts of the instant building to the Plaintiff on June 6, 2014.

[Grounds for recognition] The descriptions of Gap 1, 4, and 5 and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The Defendants, upon receiving the lease deposit from the Plaintiff, did not have any opposing power, etc., drafted the instant performance certificate with the Defendants jointly and severally liable for the occurrence of a problem related to the lease contract.

B) However, Defendant B has the opposing power for only KRW 25,00,000,000, which is less than the deposit received from the Plaintiff, and thus, Defendant C unjustly obtained KRW 5,00,000 from the date of acquiring the Plaintiff’s ownership to the date of Defendant B’s order. C) Defendant C received the deposit amount of KRW 29,00,000 from the Plaintiff, even though there was no opposing power for the part in possession of Defendant C among the instant building, and received the deposit amount of KRW 29,76,67 from the Plaintiff.