부당이득금
1. The Plaintiff, the Defendant Company B, and the Defendant C, the KRW 6,302,340, and each of them from September 30, 2017.
1. Evidence 【Evidence” 1, A2, A3, A4-1, 2, and 5-1 through 3, A6, A7, A8-1 through 5, A8-1 through 6, B-2, B-1 through 5, B-3, 4-1 through 5, B-1, 5-2, and the result of the on-site inspection by this court, and the purport of the whole pleadings;
A. D, E, and F have completed the registration of ownership transfer for each of 1/3 shares of each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) around April 197, and D, upon transfer of E’s shares on July 1997, owns 2/3 shares of each of the instant lands.
On the other hand, F’s 1/3 shares were partially transferred to a third party, and the Plaintiff acquired them from equity right holders from August 2002 to October 2009, and shared one-third shares of each of the instant lands.
B. On September 2002, the Plaintiff entered into a lease agreement with D, the majority right holder of each of the instant lands, and D’s share out of each of the instant lands, with a set of a deposit of KRW 80 million, monthly rent of KRW 4 million, and a lease period of KRW 2 million, with D to lease the pertinent share, and used each of the instant lands while paying D’s share.
From February 8, 207 to October 26, 2009 (the date when possession was commenced) the Plaintiff’s share [1443.7] the Plaintiff’s share (the date when the ownership was closed) from September 20, 2012 to September 20, 2012 (the date when additional shares were acquired) ? 1} ? ? ? ? ? ? ? ? ? ? ? ? ? (1 ? ? (443} ? ? ? ? ? ? (1 (1481) (1? ? ? 3 (1481} (2) ? ? ? ? ? ? ? ? ’ ’ ’ ’ ’ ’ ? ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ’ ? 4425.7} ? ?
C. The lease agreement between the Plaintiff and D terminated on September 19, 2012, and the Plaintiff’s legal relationship based on the lease agreement and the time of land acquisition is as follows.
1. From May 15, 2002, G to run the business of selling and arranging used cars by leasing three parcels of land and buildings adjacent to each of the instant land from Suwon-gu, Suwon-gu, Suwon-si, and H and its ground in the vicinity of each of the instant land, and Defendant C discontinued on April 30, 2010, and thereafter, Defendant C leased the said land and building from G to sell and purchase used cars and sell used cars from May 3, 2010.