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(영문) 청주지방법원제천지원 2016.06.08 2015가단20564

부당이득금

Text

1. The Defendant’s KRW 44,987,022 and KRW 15,047,923 among them shall be the Plaintiff from April 2, 2015, and KRW 29,939,09.

Reasons

1. Basic facts

A. around March 2008, the Defendant: (a) around 10,000, KRW 10,000, KRW 4,000, KRW 400,000 for deposit money; (b) around that time, the Defendant agreed to lease the above 5,60 square meters of neighborhood living facilities (hereinafter “instant land”) and the 10th floor area of the said 10th floor (hereinafter “the instant building”) and the 5,6th floor (the instant building was changed into an aggregate building on March 13, 2015; and the 5,6th floor area of the instant building became a separate building as described in the attached Table; and (c) around that time, the instant building was transferred from the 5,6th floor to the 400,000,000, KRW 10,000 for each of the instant buildings; and (d) operated the hospital as “D’s won.”

B. On February 14, 2012, 2012, E.C. Co., Ltd. completed the registration of ownership transfer with respect to the instant land and building, and on the same day, Korea Bank Co., Ltd. (hereinafter “Korea Bank”) completed the registration of ownership transfer with respect to the instant land and building at KRW 3,960,000,000. On the same day, the five and six floors of the instant building was determined as KRW 40,000,000 and leased to the Defendant.

C. On April 30, 2013, the Cheongju District Court of the Bank, which is the right to collateral security regarding the instant land and building, issued a decision to commence voluntary auction on the said land and building on April 30, 2013.

The Plaintiff purchased the instant land and buildings in the said voluntary auction procedure, and completed the registration of ownership transfer on December 26, 2014. D.

On October 9, 2015, the Defendant delivered the instant building 5 and 6 floors to the Plaintiff.

E. The annual rent for the 5th and 6th floor of the instant building is KRW 57,213,460.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 and 3 (including each number, if any; hereinafter the same shall apply), Eul evidence Nos. 4, appraiser F's appraisal result, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim.