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(영문) 대전지방법원 2017.09.14 2016가합103754
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

On October 27, 2003, A Co., Ltd. (hereinafter “Bankruptcy Company”) entered into a contract with F Co., Ltd. (hereinafter “F”) that is specialized in Japanese food store business with F Co., Ltd. (hereinafter “E”), under which the Bankruptcy Company was authorized to recruit “E” member stores from F as a branch office of Daejeon Daejeon.

On December 12, 2003, the Plaintiff entered into a lease agreement with the deposit amount of KRW 40 million, monthly rent of KRW 1770,000,000 for the Seo-gu G Building 302, Seo-gu, Daejeon, Daejeon, and opened E stores under the name of the Plaintiff (hereinafter “instant store”).

The Plaintiff, between October 27, 2003 and December 30, 2003, bears the above lease deposit of KRW 40 million, and paid to Defendant D or the instant store’s interior work operator (H) an aggregate of KRW 50 million.

Defendant D used the money received from the Plaintiff as above for the facility cost of the store of this case.

Defendant D operated the instant store established in the name of the Plaintiff as above, and managed the operating revenue and expenditure through the one bank account in the name of the Plaintiff.

On the other hand, the plaintiff did not participate almost in the operation of the store of this case.

During the operation and management of the instant store, Defendant D paid the Plaintiff KRW 12 million on February 10, 2004, KRW 12 million on March 16, 2004, KRW 4 million on April 14, 2004, KRW 3 million on May 19, 2004, and KRW 12.2 million on September 21, 2004.

On February 18, 2003, the Plaintiff purchased the amount of 237 million won as the purchase price, together with the Plaintiff, of 3,770 square meters and J 2084 square meters (hereinafter “each of the instant lands before the instant subdivision”). On February 18, 2003, the Plaintiff completed the registration of ownership transfer on each of the instant lands under the sole name of the Plaintiff.

After that, on July 14, 2004, the Plaintiff divided each of the lands before the instant partition into land ①, ② land, ③ land, and ④ land, respectively, (hereinafter “instant partition”), as indicated in the table below, and up to ③ land.

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