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(영문) 서울서부지방법원 2016.05.11 2015가단246189
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. On September 25, 2009, the Defendant entered into a contract to lease on a deposit basis with respect to the 155,000,000 square meters of reinforced concrete structure No. 901, 902 Dong-gu, Busan, Busan, which owned a non-development company (hereinafter “instant building”) as of the 114.76 square meters of reinforced concrete structure (hereinafter “the instant building”) between Non-development Co., Ltd., and paid 15,00,000 won for a deposit on a deposit basis on September 24, 201, and around that time, the Defendant paid 15,000,000 won to non-Gun development company.

B. Pursuant to the contract to establish a right to lease on a deposit basis for the instant building, the development of B/L Co., Ltd. completed the registration of establishment of a right to lease on a deposit basis as of September 24, 201, in the future of the Defendant as to the instant building until September 24, 2011.

(Resan District Court No. 64318, Dec. 17, 2010). (C)

Afterward, the non-party corporation completed the registration of ownership transfer on the ground of the trust on February 16, 201, for the building of this case.

(Resan District Court No. 7973, Feb. 16, 201) d.

On the other hand, the plaintiff did not return the security deposit to the defendant even after the expiration of the above term, the defendant filed a lawsuit against the plaintiff as Busan District Court 201Gahap26820, and the above court rendered a judgment on July 20, 2012 that "the plaintiff shall pay to the defendant 15,000,000 won and interest calculated at the rate of 5% per annum from September 25, 201 to November 25, 201, and 20% per annum from the next day to the day of full payment." The above judgment became final and conclusive around that time.

E. On August 24, 2012, the Defendant revoked the registration of the establishment of the right to lease on a deposit basis under the name of the Defendant on the ground that the right to lease on a deposit basis was returned from the Plaintiff in accordance with the above judgment.

(Supplementary District Court No. 4848 of Sep. 4, 2012). [Reasons for Recognition] The fact that no dispute is raised, Gap evidence No. 1 and 2, and the purport of the whole pleadings.

2. On September 24, 201, the Plaintiff determined the cause of the claim.

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