부당이득금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On February 19, 2009, the Plaintiff is the manager of Daewon District Court Decision 2009 Gohap9 decided to commence rehabilitation proceedings for the rehabilitation debtor, a company under rehabilitation proceedings (hereinafter “Modern Housing”).
B. Around January 3, 2008, the Defendant entered into a lease agreement between the Defendant and the Daedong Housing (hereinafter “instant real estate”) in the attached list from the Daedong Housing (hereinafter “instant real estate”).
(2) On January 23, 2008, the Defendant leased the instant real estate at KRW 300 million, from January 23, 2008 to January 22, 2017, setting the lease deposit amount as KRW 4.5 million per month. (2) On January 23, 2008, the Defendant completed the registration of the establishment of the right to lease of the Defendant on the ground of the contract to enter into on January 3, 2008, No. 4011, the Yangsan District Court Yangsan District Court’s receipt of 401 registry offices, and completed the registration of the establishment of the right to lease of the Defendant. < Amended by Act No. 350 million, Jan. 3, 2008; Act No. 4500, Jan. 3, 2008; Act No. 8857, Jan. 23, 2008>
3) On January 23, 2008, the Defendant completed the registration of establishment of a mortgage on the instant real estate by the Ulsan District Court Yangsan District Court No. 4012, Nov. 22, 2008, on the ground of the contract on January 22, 2008, the maximum debt amount of 390,000 won, the obligor’s partner house, and the mortgagee’s right to collateral security. 4) On the other hand, on April 24, 2006, the Ulsan District Court Yangsan District Court Yangsan District Court No. 17382, Apr. 24, 2006, No. 17382, No. 2.64194, Nov. 6, 2008, the registration of establishment of a mortgage on the instant real estate, one bank, the mortgagee of the right to collateral security, and each mutual savings bank registered the establishment of a mortgage on November 5, 2008.
5) Following the decision to transfer a contract, the right to collateral security in the name of Han Bank was transferred to the new Savings Bank under the name of Han Bank.
C. The former custodian B of the housing in the process of rehabilitation proceedings against the Defendant is the obligation to return the lease deposit to the Defendant around January 27, 2010.