부당이득금
1. The Defendant shall pay to the Plaintiff KRW 643,801,182 and the interest rate of KRW 12% per annum from August 21, 2019 to the date of full payment.
1. Facts of recognition;
A. On November 18, 2015, the Plaintiff was the owner of the instant commercial building, and the Plaintiff was the owner of the instant commercial building D underground and the 9th ground E (hereinafter “instant commercial building”) in the Cheongju District Court C Voluntary Auction proceeding.
(2) On December 21, 2015, the Plaintiff: (a) purchased 320 rooms; (b) completed the registration of ownership transfer on the 911 stores of the instant commercial building through sale, etc.; and (c) completed the registration of ownership transfer on the 911 stores of the instant commercial building; (d) on June 30, 2017, the Plaintiff entrusted the 877 stores of the said units to F Co., Ltd.; and (e) acquired the ownership transfer registration on the remaining stores except five units among the trusted stores on September 5, 2017.
B. On December 15, 2014, G, the representative of the Defendant, is the former Distribution Industry Development Act (wholly amended by Act No. 14997, Oct. 31, 2017; hereinafter “former Distribution Industry Development Act”).
(2) Any of the following persons shall perform the duties referred to in the subparagraphs of paragraph (1) in a superstore in which stores are sold or a registered quasi-superstore:
2. Where no person directly runs at least half the area of sales stores, any of the following persons:
(a) A corporation established with the agreement of at least 2/3 of salesroom occupants under the Civil Act or the Commercial Act;
(b) A cooperative (hereinafter referred to as “cooperative”) under Article 3 (1) 1 of the Small and Medium Enterprise Cooperatives Act, or a business cooperative (hereinafter referred to as “business cooperative”) under subparagraph 2 of the same paragraph, which is established with the agreement by at least 2/3 of salesroom occupants;
(c) An autonomous management organization established under the agreement by at least 2/3 of salesroom occupants. In such cases, the organization shall qualify as a corporation, cooperative, or business cooperative prescribed in item (a) or (b) within six months;
Where no person falls under any of items (a) through (c), at least 1/2 of the salesroom occupants.