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(영문) 서울중앙지방법원 2015.12.30 2015가합535065

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In order to operate a motor vehicle maintenance plant, the Plaintiff refused to lease the land of Seocho-gu Seoul Metropolitan Government 510.3 square meters (hereinafter “instant land”), which is the Defendant’s ownership, on the ground that the Defendant was unable to know the Plaintiff’s identity and credit. The Plaintiff asked D to enter into a lease agreement on behalf of the Plaintiff on behalf of the Plaintiff.

B. Accordingly, D concluded, on November 16, 2007, a lease contract with the Defendant for three years from February 15, 2008 to February 14, 201 (hereinafter “the first lease contract”) with a lease deposit amount of KRW 85,00,000, monthly rent of KRW 350,000 (excluding value-added tax), and the lease term of KRW 3.5 million from February 15, 2008 to February 14, 201 (hereinafter “the first lease contract”).

C. Unlike the terms of the above lease agreement, the instant land was a site where only one prefabricated container stuff was installed on the ground, and there was no “a building of about 90 square meters on the steel structure, sandbow site,” and construction of a building of about 301.70 square meters on the first floor and 54.65 square meters on the second floor related to the two-story motor vehicle of the general steel structure, sandbow location plate, etc. at the expense of D or the Plaintiff, and registered the owner in the building ledger in the Defendant’s name on February 21, 208, and the same year.

4. 10. The defendant completed the registration of ownership preservation in the name of the defendant.

After completion of the building in this case, D and the defendant completed the building in this case, on February 20, 2008, the lease deposit and the rent are the same conditions as the first lease contract, but the lease term is changed to three years from April 1, 2008 to March 30, 201.

AB re-entered.

E. After concluding the first modified lease contract, the Plaintiff’s automobile maintenance plant in the instant building.