부당이득금
1. As to the Plaintiff, Defendant B shall be KRW 51,011,120, Defendant C shall be KRW 18,988,880, and each of the above amounts shall be from February 15, 2016.
The Plaintiff entered into a lease agreement with D on July 24, 2012, with regard to the portion indicated as 302 among the multi-household houses on the ground of Kimhae-si (hereinafter “instant building”), with the lease deposit of KRW 70 million, monthly rent of KRW 50,000,000, monthly rent of KRW 50,000, and the lease term of KRW 24 months (from August 3, 2012 to August 2, 2014).
(hereinafter “instant lease agreement”). The Plaintiff received the part of the instant building 302 around that time, and completed the move-in report on July 25, 2012 and received the fixed date.
F on March 25, 2011, the F completed the registration of ownership transfer with respect to the site of the instant building, and on June 5, 2012, the registration of ownership preservation with respect to the instant building was completed.
G on November 21, 2012, on the instant building and its site, the G completed each registration of ownership transfer on November 20, 2012.
With respect to the instant building and its site, on December 20, 2013, the procedure for the auction of real estate was initiated with the Changwon District Court HH (hereinafter “instant auction procedure”), and the Plaintiff and the Defendants filed a report on the right and demand for distribution on January 2014, which is prior to the completion date of the demand for distribution, as follows:
The Plaintiff entered into the instant lease agreement with D on July 24, 2012, and filed a move-in report on July 25, 2012, and filed a move-in report with D and filed a move-in report with the lessee who received the fixed date.
Defendant C reported that “A lessee who completed the move-in report on December 13, 2012 and received the fixed date” was leased KRW 75 million as the lease deposit without rent from G on December 12, 2012, and the lease period from December 12, 2012 to December 11, 2014.
Defendant B, on March 4, 2013, leased the instant building No. 201 from G as KRW 50,000 per month of rent, KRW 70,000,000 for lease deposit, and KRW 24 months from March 4, 2013 to March 3, 2015, and reported that it was a lessee who completed the move-in report and received the fixed date on February 14, 2013.
In the auction procedure of this case, the auction court on August 28, 2014.