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(영문) 수원지방법원 2016.11.23 2015가단56464
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 13, 201, the Defendant completed the registration of ownership transfer based on the donation made on May 13, 2011, as to the 1/2 shares among the 5th floor buildings of Suwon-si and Suwon-si (hereinafter “instant building”).

B. On October 24, 2011, the Plaintiff completed the registration of transfer of ownership based on sale on September 21, 201 with respect to shares of 1/2 of the instant building on October 24, 201.

C. The plaintiff and the defendant jointly completed business registration and have run the leasing business of the building of this case.

On January 1, 201, the Plaintiff and the Defendant set the lease deposit amount of about 130 million won among the instant building and about 80 square meters among the instant building, from January 1, 201 to December 30, 201, and leased the lease deposit amount of KRW 3450,000 (excluding value-added tax) from January 1, 201 to December 30, 201, and the monthly rent and management fee of KRW 1/2 in each account of the Plaintiff and the Defendant.

E. On June 201, the Plaintiff and the Defendant: (a) leased approximately KRW 80 million on the first floor of the instant building to F; (b) from June 30, 2011 to June 30, 201, the lease deposit was set at KRW 2,541,00 (excluding value-added tax) and leased KRW 1/2 of the monthly rent and management fee to F; and (c) paid monthly rent and management fee to the Plaintiff and the Defendant, respectively.

F. On August 29, 2011, the Plaintiff and the Defendant: (a) leased KRW 85 million on the first floor of the instant building; (b) from August 29, 2011 to August 29, 2012; and (c) leased KRW 2,540,000 on the monthly rent (excluding value-added tax) to G; and (d) paid monthly rent and management fee to the Plaintiff and the Defendant in two separate accounts.

G. On December 30, 2012, the Defendant entered into a lease agreement with E on the lease deposit amounting to KRW 65 million, the lease term from January 1, 2013 to December 30, 2013, and received the increased monthly rent of KRW 4 million (excluding value-added tax).

H. On August 20, 2013, the Defendant’s lease deposit amounting to KRW 40 million and the term of lease on August 20, 2013 with respect to 1/2 shares owned by the Defendant among the leased portion to F.

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