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(영문) 인천지방법원부천지원 2014.07.02 2013가단19191
부당이득금반환
Text

1. The Defendants’ respective Plaintiff KRW 41,00,000, and Defendant B with respect thereto from December 25, 2013, and Defendant C with respect thereto on June 2013.

Reasons

1. Facts of recognition;

A. On October 10, 201, Defendant B entered into a lease agreement with G on September 24, 201 with the first underground floor (hereinafter “instant building”; Defendant B entered into a lease agreement with G on September 24, 201 with the former owner of the instant building on the first underground floor (hereinafter “F”); Defendant C entered into a lease agreement with G on September 24, 201 with the first underground floor (hereinafter “the first underground floor”). Defendant C entered into the lease agreement with G on September 24, 201 with a deposit for KRW 30 million, monthly rent, and KRW 600,000,000,000, and KRW 600,000,000,000,000 from September 24, 2012.

B. Defendant B was under guard in prison on October 28, 2012, and was released from prisons on or around October 28, 2012. Defendant D and Defendant D, who was accused of assault against Defendant D, with respect to the operation of Defendant D and the 1st underground floor of the instant case, was arrested again.

C. As to the instant building, there was a decision to commence compulsory sale on September 2, 201, and the auction procedure was in progress. The Plaintiff was awarded a successful bid of the instant building on August 30, 2012 and completed the registration of ownership transfer on the same day, and the Plaintiff received an order to transfer real estate to Defendant B on February 15, 2013.

3. The instant underground floor was ordered by compulsory execution on January 30, 2013. On the other hand, H was awarded a bid for corporeal movables seizure case No. 2013No. 42, the Daejeon District Court’s 2013.1. 30, and sold all of them to Defendant B, the land owner of Defendant B on the same day. On the same day, I leased the said business articles to Defendant C in KRW 50,000 per month, and then a notary public drafted a certificate as 489 on January 30, 2013 as a law firm mission, etc.

[Reasons for Recognition] Where there is no dispute between the parties, each entry in Gap evidence 1 to 6 (including additional numbers)

2. The establishment of unjust enrichment.

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