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Reasons
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(영문) 수원지방법원 성남지원 2018.12.18 2017가합406834
부당이득금
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1. The defendant's delivery of apartment units as stated in the attached list from the plaintiff at the same time, and at the same time, KRW 368,568,000 to the plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant entered into a lease transfer contract between the Plaintiff and the Defendant and the Defendant and the past 1) from the Korea Land and Housing Corporation on March 26, 2009, an apartment building listed in the separate sheet of public rental housing (hereinafter “instant apartment”).

) The lease deposit was leased KRW 189,710,00 (i.e., the remainder of KRW 37,900,000) (i.e., the lease deposit amount of KRW 151,810,00). The lease term has been renewed and maintained until now. The lease deposit is KRW 9,106,00 on July 27, 2012; KRW 9,543,000 on July 29, 2014; and KRW 10,209,00 on July 21, 2016; and is currently KRW 218,568,00 on a total amount of KRW 218,568,00 on the lease (as to the apartment apartment of the Korea Land and Housing Corporation of the Defendant).

(2) On June 13, 2009, C entered into a lease lease transfer contract on behalf of the Defendant (hereinafter “the lease transfer contract of this case”) with the Plaintiff to transfer the lease deposit of KRW 189,710,00 (=the remainder of KRW 37,900,000 plus KRW 151,810,000) and KRW 339,710,000,000 in a premium (hereinafter “the lease transfer contract of this case”). On the same day, C received KRW 187,90,000,000 in total, including the said down payment of KRW 37,90,000 and KRW 150,000,000 from the Plaintiff.

3) On August 19, 2010, the Defendant received KRW 151,810,000 from the Plaintiff under the instant lease transfer contract. (4) The Defendant demanded the Plaintiff to change the name of the lessee of the instant lease to the Defendant several times until July 2017, as the deposit for the instant lease was increased as described in the instant paragraph (1). (3) The Defendant received additional payment of KRW 9,106,00 on July 27, 2012, KRW 543,00 on July 29, 2014, KRW 10,209,00 on July 21, 2016, and KRW 5).

The defendant is refused to do so.

Accordingly, the plaintiff is bound to deliver the copy of the complaint of this case on the ground of the defendant's rejection of performance.

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