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(영문) 의정부지방법원 2017.12.07 2017나208912
부당이득금
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 26, 2013, Plaintiff A acquired the ownership of 310 of the building for the operation of Gyeyang-gu E (hereinafter “instant apartment house”) in Gyeyang-gu, Gyeyang-gu (hereinafter “instant apartment house”), and Plaintiff B acquired the ownership of 210 of the instant apartment house on August 14, 2002.

B. Since August 28, 1984, the Defendant, etc. is married with each other, and the designated parties own 110 headings of the instant tenement house (hereinafter referred to as “each heading room”).

C. From around 1993 to 193, the Defendant, etc. paid a monthly fixed amount to the resident F (the spouse of the owner H) and the resident G under 210 (the spouse of the owner I) from 310 to 210. Even after the lease of the store to a third party at around 2000, the Defendant, etc. received the rent and paid a monthly fixed amount to F and G (200,000 won to G until February 201, 30,000 won to G, up to December 201, and 150,000 won to G, up to December 201, but did not pay it from January 2014.

[Ground of recognition] Unsatisfy, entry in Gap evidence 8 and 9 (including each number in the case with a serial number), the purport of the whole pleadings

2. The Defendant, etc. asserted by the Plaintiffs: (a) concluded a verbal agreement with H and I, the owner of H and 210 at the time of around 1993, to establish and lease a street store in front of the instant apartment house; and (b) to distribute the rent by 1/3; and (c) the Defendant, etc. received the rent from the street store and paid 50,000 won per month to them.

After that, the defendant et al. entered into a new agreement with the owners of heading 310 and heading 210 at the time of the agreement to increase the agreed amount from 50,000 won per month to 100,000 won per month in 207, and from 100,000 won per month in March in 2010 to 150,000 won per month in accordance with that agreement, and paid the F and G the agreed amount by December in 2013.

Around April 2010, it is increased to KRW 700,000. The plaintiffs succeeded to the agreement between the former owners and the defendant, or the plaintiffs and the defendant.

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