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(영문) 부산고등법원 2019.09.26 2018나53118
부당이득금
Text

1. Of the judgment of the court of first instance, the part against Defendant B, which exceeds the amount ordered to be paid below.

Reasons

1. Basic facts

A. On December 3, 2014, the Plaintiff (X Co., Ltd. before the change on August 2, 2017) determined and leased the land and buildings listed in the attached Table to D Co., Ltd. (hereinafter “D”) as KRW 45 million (excluding value-added tax) from December 1, 2014 to August 31, 2016 during the lease period.

B. On April 1, 2015, D: (a) a total of 1,443 square meters of a factory Dong (1,343 square meters) and 1,443 square meters of a two-story (100 square meters of a two-story) among the land and buildings listed in the attached Table to J (hereinafter “J”) on April 1, 2015; (b) a monthly rent of KRW 4.5 million was determined and leased as a separate piece of value-added tax (value-added tax).

C. D did not pay rent from February 2015, and on July 13, 2015, the Plaintiff notified D of the termination of the lease agreement on the grounds of the overdue rent of at least two years.

On August 12, 2015, the Plaintiff was subject to the Ulsan District Court 2015Kahap1010 as to the land and building stated in the separate sheet against D on August 12, 2015, and the said decision was executed on August 20, 2015.

E. On July 1, 2016, Defendant B Co., Ltd. (hereinafter “Defendant B”) leased from July 1, 2016 (hereinafter “Defendant B”) the land and buildings indicated in the attached list, which are KRW 2,530 square meters of the factory Dong, KRW 2,604 square meters of the factory Dong, KRW 3,370 square meters of the entrance of the factory Dong, and KRW 200 square meters of the office building (total amount of 8,740 square meters) during the period from July 1, 2016 to the completion of use, ② the monthly rent of KRW 8 million (excluding value-added tax).

(F) On July 21, 2016, the Plaintiff was sentenced by the Ulsan District Court that “D shall deliver the land and buildings listed in the attached Table to the Plaintiff,” and the said judgment became final and conclusive on August 6, 2016, with respect to the foregoing case involving the name of the building that the Plaintiff filed against D, 2015Gahap22140 filed against D.

(g) On September 23, 2016, Defendant C Co., Ltd. (hereinafter “Defendant C”) and Y/Z AA Corporation (section 2).

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