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(영문) 서울동부지방법원 2015.04.09 2014가단119172

부당이득금

Text

1. The Defendant shall pay 5,390,000 won to the Plaintiff and 5% per annum from December 8, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On December 28, 2008, the Defendant concluded a lease contract for the instant apartment between C and C, the owner of the real estate listed in the separate sheet (hereinafter “instant apartment”) on December 28, 2008, setting the deposit amount of KRW 230 million and the period from December 28, 2008 to December 28, 2010, but concluded a renewal contract by extending the lease deposit amount of KRW 400 million on December 1, 2010, before the expiration of the term of the lease. < Amended by Presidential Decree No. 23507, Dec. 28, 2012>

The defendant completed a move-in report on the apartment of this case on February 17, 2010 and received a fixed date on December 29, 2010.

B. On February 3, 2009, the apartment of this case consisting of KRW 192 million and KRW 120,000,000,000 and KRW 1200,000,000, the debtor C-mortgage Co., Ltd., Ltd., the 1,2nd priority mortgage, the maximum debt amount of KRW 50,0160,000, which was 5,000,000, and KRW 36,000,000,000,000 and KRW 36,000,000,000 and KRW 15,000,000, and KRW 36,000,000,000 and KRW 3,5,000,00,000 and KRW 3,5,000,000,000,000 and KRW 13,5,000,00,000.