부당이득금반환
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
1. Facts of recognition;
A. On March 15, 2011, the Defendant, who owned the instant building, jointly inherited C’s 1/2 shares among the instant buildings with D, and completed the registration of ownership transfer on August 9, 201 with respect to 1/4 shares among the instant buildings.
On November 23, 2012, the Plaintiff purchased the remainder 1/2 shares of the instant building from E, and completed the registration of ownership transfer on January 16, 2013.
On the other hand, the defendant received a comprehensive delegation from D as to the exercise of the right to share.
B. From among the instant buildings, the Defendant, on October 6, 201, entered into a lease agreement on the branch floor (hereinafter “instant branch floor”) of the instant building (hereinafter “instant branch floor”) with respect to F (G and Dong business) and the instant branch floor as the lease deposit amounting to KRW 20 million, the rent of KRW 1 million (in advance and value added tax on January 1, 201), the period from November 1, 201 to October 31, 201, and the lease agreement (hereinafter “the first lease agreement on the instant branch floor”).
(2) On October 8, 2013, the Defendant entered into a lease contract with G (F around that time retired from the Dong business contract with G) and the instant sub-story, stating that “The amount of KRW 2.5 million per day (excluding value-added tax), KRW 2.5 million per month, includes KRW 1 million per premium, KRW 500,000 per annum, and KRW 500,000 per annum (Paragraph 4), and KRW 500,000 per annum; and KRW 2,000 per annum from November 1, 2013 to October 31, 2015 (Paragraph 2).”
The special terms and conditions of the second lease contract on the land of this case stipulate, “The rent, facility cost, and total amount of management expenses shall be deposited into the bank account of the lessor. The actual monthly rent shall be KRW 1 million, and the management fee shall be KRW 1.5 million, and the total amount shall be KRW 2.5 million.”
3. On December 31, 2015, the Plaintiff made a lease deposit with respect to G and the instant branch floor on December 31, 2015.