부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 30, 199, the Defendant entered into a lease agreement with C, the husband of the Plaintiff, and D (hereinafter “instant land”) and the unregistered building of 70 square meters above ground (hereinafter “instant building”), which is the Plaintiff’s husband, with a deposit of KRW 10,000,000, monthly rent of KRW 80,000, monthly rent of KRW 800,000, and period of lease of KRW 24 months from December 30, 1999 (hereinafter “instant lease agreement”).
The instant lease agreement has been implicitly renewed even after the expiration of the lease term, and the Plaintiff was donated the instant land from C on December 18, 2013 and completed the registration of ownership transfer on December 20, 2013.
Even after the Plaintiff acquired ownership of the instant land, the instant lease agreement was maintained as it was by the Plaintiff’s succession to the lessor.
B. On May 4, 2018, the sales contract (No. 5-2 of the evidence No. 5-2) entered as C by the seller, but at the time, the land at the time was already transferred to the Plaintiff, and the seller entered in the sales contract (No. 5-3 of the evidence No. 5-2) prepared at the time of the registration of transfer of ownership to the non-party company. On May 4, 2018, the seller entered into a real estate sales contract (hereinafter “the sales contract of this case”) with E (hereinafter “non-party company”) on ten parcels of land adjacent to the Plaintiff, including the instant land, with total purchase price of KRW 14,500,000,000 in total.
According to the instant sales contract, the Plaintiff shall receive the balance of the purchase price from the non-party company after the completion of the approval for multi-family housing business, the business area of which includes the instant land, etc. (the scheduled date: January 30, 2019) and transfer the land subject to the instant sales contract including the instant land to the non-party company before the remainder payment is made.
C. The Plaintiff and the Defendant are the lessee of the instant land on January 29, 2019.