부당이득금
1. Of the judgment of the court of first instance, 50,729,472 won against the Plaintiff (Counterclaim Defendant) and its related thereto. < Amended by Act No. 11614, Mar. 23, 2013>
1. Basic facts
A. The Plaintiff and the network D, network B and E are the children of the network F.
B. The previous 126 square meters of Jung-gu Seoul Metropolitan Government G (hereinafter “instant land”) is owned by the network F. As he died on December 10, 1968, he/she completed the respective registration of ownership transfer by succeeding to the 3/9 shares of the network, 2/9 shares of the Plaintiff, the network B and E, respectively.
C. On the instant land, there are buildings listed in the separate sheet (hereinafter “instant building”). As to the instant building, registration of ownership was completed on November 16, 1965 on the deceased’s death, registration of ownership transfer was completed on June 21, 2013, the Defendant, who was the child of the said deceased, on February 13, 2013.
On January 1, 2007, the Plaintiff and the deceased B and E concluded a partnership agreement (hereinafter “instant partnership agreement”) with the purport that “Plaintiff, B, and E provide the instant land and buildings for lease business, and the rate of profit distribution and loss burden shall be determined by 2/9 and 5/9, respectively, in respect of the instant land and buildings.”
E. The monthly rent of the instant building is 12.3 million won in total. Among them, 3 million won in monthly rent of 105 of the first floor of the instant building from November 201 under the instant business agreement, the Plaintiff was directly paid from the lessee since November 201, and 50 million won in the lease deposit of 105 as well as in the lease deposit of 105 was directly paid by the Plaintiff on July 18, 2006.
F. The deceased died on February 26, 2013, during the instant lawsuit, and the Defendant succeeded to the rights and obligations of the deceased under the instant agreement, taking over the instant lawsuit.
(hereinafter referred to as "the defendant in the event that the net B and the defendant are collectively referred to). 【No dispute exists, each entry of Gap evidence Nos. 1, 2, and 18, Eul evidence Nos. 1 through 3, 6, 7, 13, and 30 (including branch numbers; hereinafter the same shall apply), each entry of these evidence Nos. 1 through 3, 6, 7, 13, and 30, and all pleadings.