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(영문) 서울중앙지방법원 2019.03.06 2018가단5065756
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 October 25, 2001, the Plaintiff entered into a lease agreement between C and Jongno-gu Seoul (hereinafter “instant real estate”) with the Defendant’s husband, with respect to KRW 360,000,000 (hereinafter “instant lease agreement”).

B. At the time of the instant lease agreement, the Seoul Central District Court’s mid-gu Branch Office of the Seoul Central District Court (Seoul District Court’s receipt of October 19, 1999, the registration of the establishment of the lease on a deposit basis (hereinafter “the lease on a deposit basis”) and the registration of the establishment of the lease on a deposit basis (hereinafter “the lease on a deposit basis”). Moreover, as the receipt of the maximum debt amount on October 29, 1999, the registration number of the lease on a deposit basis was KRW 310,000,000 and the registration of the establishment of the lease on a deposit basis (hereinafter “the lease on a deposit basis”).

C has completed the additional registration of chonsegwon transfer in relation to the registration of lease on a deposit basis under the instant lease agreement in order to secure prior right to repayment than the above right to collateral security of G Co., Ltd.

Furthermore, in order to secure the refund of KRW 50,000,000, which is an amount exceeding KRW 310,000,000, which is the amount secured by the registration of lease deposit of this case, out of KRW 360,000,00 of the lease deposit of this case, C completed the registration of creation of a collateral security (hereinafter “registration of collateral security”) with the same registry office No. 61517, Oct. 25, 201 as of October 25, 2001.

C. Upon the renewal of the instant lease agreement, the deposit for lease was increased twice. In order to secure the return of the increased portion, C completed the registration of change of lease on a deposit basis, which changed the deposit for lease on a deposit basis to KRW 400,000,000 as the receipt No. 76415 on December 23, 2003, and thereafter completed the registration of change of lease on a deposit basis, which changed to the deposit for lease on a deposit basis to KRW 500,000 on December 6, 2006 by the receipt No. 69671 on December 6, 2006.

The term of the instant lease agreement is extended to December 5, 2008 through renewal.

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