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(영문) 수원지방법원 2020.09.17 2019나89869
손해배상(기)
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

Purport of claim and appeal

(b).

Reasons

1. Basic facts

A. The relationship between the Plaintiff and the Defendants was 1) around April 26, 2011, Defendant B owned the instant commercial building D with H. On May 2, 2007, H succeeded to the said commercial building: (a) the wife, children, I, J, K, L, and M, who died on May 2, 2007; and (b) thereafter, D entered into a lease agreement with Defendant B on behalf of the said children on behalf of the said children; (c) Busan J.S. EF heading (hereinafter “instant commercial building”).

2) As to the instant lease agreement, the following terms and conditions are as follows:

(2) On August 14, 201, the Plaintiff acquired the ownership of the instant commercial building and succeeded to the status of the lessor based on the instant lease agreement, and on January 16, 201, the Plaintiff concluded a real estate sales agreement with G with respect to the instant commercial building on April 26, 201, Article 4: The term of the lease agreement was set as 24 months from the date of surrender; Article 5: the term of the lease agreement expires; and when a person having a right to lease on a deposit basis continues to possess the building due to the delay in the return of the lease deposit, the basic management fee shall be borne by the lessor. 2) The Plaintiff acquired the ownership of the instant commercial building on August 14, 2012, succeeded to the status of the lessor based on the instant lease agreement.

2. The purchase price of KRW 90 million is KRW 9 million and KRW 81 million paid on January 28, 2017; and the payment is made on February 28, 2017.

3. If a reason exists to restrict the exercise of ownership, such as a mortgage, superficies, right of lease, etc. established on the said real estate, or there is any unpaid amount of taxes and other charges, the seller shall remove the defects and burdens of such rights and transfer the full ownership to the buyer by the date

B. On February 28, 2017, the Plaintiff filed a lawsuit against Defendant B seeking the return of unjust enrichment equivalent to the transfer and rent of the instant commercial building by Suwon District Court 2017Da6326 (hereinafter “the first lawsuit”) (hereinafter “the first lawsuit”).

In relation to the request for extradition on June 7, 2018, the above court shall make 4.4.

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