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(영문) 부산지방법원동부지원 2017.10.19 2016가합103087

부당이득금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

On September 1, 2011, Defendant B purchased five floors of the building in Busan Shipping Daegu (hereinafter “instant building”) and purchased the six and seven floors of the instant building on May 31, 2012, and operated pent and telecom from around that time to the fifth to seventh floors of the instant building.

On December 29, 2015, Defendant C leased the 5 to 7th floor of the instant building from Defendant B (However, the lessee’s name of the 5th floor under the contract is E, and the lessee’s name of the 6 and 7th floor is Defendant C; hereinafter “previous lease”) around that time, Defendant C operated a pension accommodation business with Nonparty F, the mother of Nonparty C.

On June 2016, Defendant C asked Defendant C to “I will do business any longer due to personal circumstances, so I would not refund the deposit, instead of introducing a new lessee,” and Defendant B consented to the proposal above.

Defendant C, around June 30, 2016, decided to transfer the whole business and rights of the fifth through seventh stories of the instant building to the Plaintiff (her husband G) (hereinafter “instant contract for the transfer of business”), and received KRW 100 million from the Plaintiff around July 4, 2016, and KRW 80 million from July 5, 2016, respectively.

(A) Under the contract, the transferee of the building of this case was the representative director, G, and H with the auditor. Under the contract for the transfer of the business, around July 4, 2016, Defendant B leased the building of this case of KRW 150 million ( KRW 100,000,000,000,000,000,000 for the lease deposit ( KRW 67,000,000,000,000,000,0000,0000,0000,0000,0000,0000,0000,000 won for 60,000,000,000 from June 29, 201 to June 28, 2021 (the date of preparation in the contract, hereinafter referred to as “instant lease deposit”) to the Plaintiff (the date of preparation in the contract, 50,000,000 won was paid from the Plaintiff.

【In the absence of dispute, Gap evidence 1, Eul evidence 1 and 3 (including each number; hereinafter the same shall apply), Eul.