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Reasons
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(영문) 서울서부지방법원 2019.11.07 2019가단220154
부당이득금
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants shared the Plaintiff 100/30 shares, Defendant B51/300 shares, Defendant C Co., Ltd. (hereinafter “C”) at the share of Plaintiff 100/30 shares, Defendant C Co., Ltd. (hereinafter “C”) at the rate of 149/300 shares on the 6th floor of the land (the real estate listed in attached Table 2 through 5, hereinafter “instant land”) and its ground (the real estate listed in attached Table 1, hereinafter “instant building”).

B. From January 23, 1995 to December 13, 2010, the instant land and buildings shared shares of 100/300,200 and 200/300 shares of the Plaintiff and the Plaintiff’s shape E, but the said shares were entirely transferred to F on December 14, 2010. Of them, the shares of 51/300 were transferred to Defendant B, the mother of F on August 10, 2012, and the remainder of 149/300 shares were transferred to Defendant C, the representative director of F on June 10, 2013.

C. On September 10, 201, the Plaintiff and F entered into a lease agreement with respect to the fourth and sixth floors of the instant building, between September 15, 201 and September 14, 2016, with a lease term of KRW 240 million, a lease deposit of KRW 26 million, and a monthly rent of KRW 2.6 million.

(hereinafter “Prior Rental Contract”). Under the preceding lease agreement, the status of F as a joint lessor was succeeded to the Defendants, and G paid KRW 2.7 million from November 2013 to the monthly rent.

On August 30, 2017, the Defendants concluded a lease agreement with the term of lease from September 1, 2017 to August 31, 2022, with respect to the fourth and sixth floors among the instant buildings, including the lease deposit amount of KRW 240 million, monthly rent of KRW 290 million.

(hereinafter “instant lease agreement”). E.

The Plaintiff received, until April 18, 2019, the amount equivalent to 1/3 of the lease deposit paid by G under a prior lease agreement and the instant lease agreement.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2 (including branch numbers in case of additional number), Eul evidence 1 and 2, the purport of the whole pleadings

2. The Parties’ assertion.

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