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(영문) 인천지방법원 2016.08.26 2015가합57443
부당이득금
Text

1. The Plaintiff, Defendant B, and Defendant C, Defendant C, as to KRW 147,154,490, and each of the said money, on October 2015.

Reasons

1. Facts of recognition;

A. From July 1, 2003 to August 30, 2012, the Plaintiff is clear that the share in the ownership of a 24/100 share in the land for a factory is 24/100 in calculating the amount of shares in the land for a 24/100 share in the land for a factory of 2023, 2023, and 3 floors and shelters of the relevant ground reinforced concrete structure, office 67.8 square meters (factory: 520.8 square meters, office: 147 square meters), 3 stories, 667.8 square meters in the underground room, 145.6 square meters in the underground room (a factory and building collectively; hereinafter collectively referred to as the “instant real estate”).

B was owned under the name of F, the former representative director (amended by the Plaintiff on July 1, 2003), and Defendant B is the ownership of the remaining 76/100 shares of the real estate in this case.

(B) The plaintiff, the defendant, the defendant, and the husband of the plaintiff (the plaintiff, the defendant, the plaintiff, the plaintiff, the defendant, and the plaintiff) jointly owned the real estate of this case from August 20, 198 to the real estate lease business, etc., but there was a dispute over the joint business relationship, and the defendant acquired the shares of G and H).

From July 2004, the Defendant occupied and used the instant real estate exclusively from July 2004, and the annual rent between the year 2005 to the year 2012 is as follows:

annual rent (units: 144,813,200 187,822,100 2006 199,462,000 211,940,940,900 189,616,900 182,738,400 201 187,229,900 2012 194,235,800 1,49,200

C. Meanwhile, on the other hand, on May 29, 200, the entire real estate of this case, the registration of creation of a collateral security (hereinafter “instant collateral security”) with the content of creditors, Defendant C Co., Ltd. (the representative director shall be reduced to KRW 1.6 billion on June 20, 2008) to the obligor and the maximum debt amount of KRW 1.6 billion (the amount shall be reduced to KRW 780 million on June 20, 2008) was completed. At the time, I, who was the owner of the instant real estate, had a physical guarantee as to the establishment of the instant collateral security, and thereafter, thereafter, I had the Plaintiff.

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