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(영문) 서울중앙지방법원 2017.08.25 2016가합531978

부당이득금

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) (hereinafter “D”)

) The F Underground Store (hereinafter referred to as the “instant underground shop”) shall be the F Underground Store (hereinafter referred to as the “instant underground shop”) on the land, 10 parcels, and the land, the Sinnam-si, the Sinnam-si, the Ma

2) On September 1, 1998, D, as a result of the construction of the instant underground shopping mall, completed the temporary use of the instant underground shopping mall from Sungnam-si, 195, D, as well as upon obtaining a construction completion permit from Sungnam-si, 1998, donated the instant underground shopping mall at the time of Sungnam-si. On May 1, 1999, D entered into a loan agreement for use for the use of the instant underground shopping mall from Sungnam-si, 195 to August 31, 2015, setting the period of use from Sungnam-si, 199 to September 1, 199.

B. Defendant B’s right of lease transfer 1) A allowed shop occupants to transfer or sublease the right of lease of each shop while managing the store in the way of leasing the store in the instant underground shopping district to the merchants. However, Defendant B’s store in the instant shopping district (hereinafter “instant store”).

(2) On July 19, 2013, the Plaintiff purchased the right to lease of the instant store from Defendant B in KRW 348,00,000 (hereinafter “instant sales contract”) by the broker of Defendant C, a real estate broker, and acquired the obligation to refund the sub-lease deposit amount of KRW 60,000,000 to Defendant B according to the instant sales contract, and paid the Defendant B the down payment of KRW 30,000,000, the remainder amount of KRW 258,000,000.

On August 30, 2013, the Plaintiff entered into a sublease contract with G and the instant store at KRW 40,000,000, monthly rent of KRW 2,600,000, and returned KRW 20,000 to G.

3. Defendant C is the Plaintiff at the time of entering into the instant sales contract.