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1. An authenticated copy of the judgment with executory power over the Defendant’s unjust enrichment case against the Plaintiff by Daejeon District Court 2018Na1122.
Reasons
1. Facts of recognition;
A. On August 2015, the Plaintiff began teaching system with the Defendant, and around October 21, 2015, as the Defendant’s proposal, purchased at KRW 1,040,000 and completed the registration of ownership transfer in the name of the Plaintiff on December 21, 2015, the Plaintiff purchased at KRW 1,040,00 the land and the buildings on the third floor (hereinafter collectively referred to as the “instant real estate”) of Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City owned by C around October 21, 2015, and received part of the purchase fund from the Defendant.
B. Around December 8, 2015, the Defendant leased the first floor shopping mall E (hereinafter “instant store”) from C to KRW 20,000,000 among the said buildings, and operated a refined restaurant at the instant store from February 2, 2016.
C. On May 15, 2017, the Defendant transferred a restaurant operated at the instant store to F. The Plaintiff entered into a lease agreement with F and the instant store of KRW 10,000,000 as lease deposit, monthly rent of KRW 2,530,00 as to the instant store, and the said lease deposit was received by the Defendant.
Around July 2017, the Defendant brought a lawsuit against the Plaintiff seeking unjust enrichment equivalent to KRW 182,250,000 of the purchase fund of the instant real estate under the Daejeon District Court’s 2017dadan116000.
E. On November 28, 2018, in the instant Daejeon District Court Decision 2017Da11600, the Defendant’s purchase fund was KRW 140,000,000, and the Plaintiff’s refund money was recognized as KRW 77,000,000, and the difference was KRW 63,000,000 (=140,000,000-7,000,000), and the damages for delay was ordered to be paid. The Plaintiff and the Defendant appealed all of the above decisions.
(B) In the Daejeon District Court Decision 2018Na119122, the Defendant claimed unjust enrichment amounting to KRW 160,000,000 equivalent to the real estate purchase fund, KRW 10,000,000, and KRW 5,000,000, and KRW 84,145,758,000, and KRW 84,000,00,000, which are the lease deposit for the instant real estate 303, and the lease deposit for the instant real estate 303, and KRW 84,145,758, respectively.