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(영문) 서울중앙지방법원 2015.04.02 2014재가합157
부당이득금
Text

1. Of the lawsuits for quasi-examination of this case, the part concerning the quasi-examination under Article 451(1)6, 7, 8, and 9 of the Civil Procedure Act.

Reasons

1. Basic facts

A. On February 26, 2011, the Plaintiff entered into and performed the contract with the Plaintiff and the Defendant as a broker, the Plaintiff entered into an exchange contract and the charter contract with the Defendant (hereinafter “each of the instant contracts”) as follows (the two contracts entered into otherwise are referred to as “each of the instant contracts”).

(A) A) The exchange contract 1) The Seocho-gu Seoul Metropolitan Government KSL 302 (hereinafter “instant loan”) owned by the Plaintiff

(B) Gnoman bank located in Yangcheon-gu Seoul Metropolitan Government F (hereinafter referred to as “Gnoman bank”).

(10 million won, monthly rent 4.5 million won, and Htel 1404 (hereinafter referred to as “Htel”) of the lease deposit (10 million won, monthly rent 4.5 million won, and Ytel 1404.

(2) Of the exchange difference, the down payment of KRW 15 million shall be paid at the time of the contract, and the balance of KRW 75 million shall be paid on March 7, 201.

3) The special terms and conditions. (2) The Defendant: (a) by February 28, 2011, occupied the Plaintiff’s loan in this case owned by the Plaintiff; and (b) transferred the right to lease of Htel to the Plaintiff on the date of occupancy; (c) the Defendant leased the instant loan from the Plaintiff on March 2, 2011; and (d) the term of the contract shall be one year from the date of delivery of the instant loan to March 1, 2012; (c) the down payment of KRW 15 million is paid at the time of the contract; and (d) the remainder of the lease deposit of KRW 215 million is paid on March 2, 201; and (e) the Defendant calculated the remainder of the lease deposit of KRW 130 million in cash from the lease deposit to the Plaintiff; and (e) the remainder of the rent deposit of KRW 15 million is calculated as KRW 15 million in cash.

2) On February 26, 2011, the Defendant paid the Plaintiff a down payment of KRW 15 million to the Plaintiff, and on March 2, 2011, the Defendant moved into the instant lending. 3) The Defendant and C, on March 3, 2011, on the following day after the Defendant moved into the instant lending, the Plaintiff as the addressee, and the face value of the Plaintiff is eight.

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