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Reasons
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(영문) 부산지방법원 2018.01.18 2017나44442
부당이득금반환
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1. On the part against Defendant B of the judgment of the court of first instance, the Plaintiff is against the money that orders payment below.

Reasons

1. Facts of recognition;

A. The attached building (hereinafter “instant building”) is owned by the Plaintiff.

B. Defendant B, who is the Plaintiff, had the right of representation granted by the Plaintiff, was the agent of the Plaintiff. (1) around March 2010, the Plaintiff leased part of the fourth floor of the instant building to D in the amount of KRW 31 million, and (2) around April 2010, leased to E in the amount of KRW 30 million, and (3) around July 2010, the Plaintiff leased part of the instant building to F in the amount of KRW 30 million, and (4) around August 2010, the first floor of the instant building was leased to G in the amount of KRW 30 million, and the first floor of the instant building was leased to G in the amount of KRW 30,000,000.

1. The defendant (the plaintiff) shall:

A. At the same time as the provisional attachment of real estate was rescinded by the Plaintiff H, Busan District Court 201Kadan3237, the provisional attachment of real estate was revoked by the said Plaintiff and KRW 13 million is paid to the said Plaintiff;

B. At the same time, the provisional attachment of real estate was rescinded by the Plaintiff D, Busan District Court 201Kadan2731, and the said Plaintiff paid KRW 10,300,000 to the said Plaintiff;

C. By January 31, 2012, Plaintiff I shall be paid KRW 11.5 million to Plaintiff I.

2. At the same time, the Plaintiffs received each of the above money from the Defendant, and deliver each of the possession parts of the instant building (Plaintiff H 301, Plaintiff D 402, and Plaintiff I 302) to the Defendant respectively.

C. H, D, and I filed a lawsuit against the Plaintiff as the Busan District Court Decision 201Da292666, 25424 (Joint) and 313(Joint) against the Plaintiff, and the conciliation was concluded on December 26, 201 with the following content.

Accordingly, the Plaintiff paid KRW 13 million to H on January 2012, and (2) paid KRW 11.5 million to I on January 28, 2012, and (3) paid KRW 10.3 million to D on February 2012.

E For the plaintiff, Busan District Court 201Kadan31856.

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