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(영문) 수원지방법원 2016.02.05 2015나24376
부당이득금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. On August 20, 2010, the Defendant leased, from the Plaintiff on August 20, 2010, Incheon Reinforcement-gun’s ground detached housing amounting to KRW 70 million, the lease deposit period, and the lease period from August 30, 2010 to August 30, 2013.

(hereinafter “instant lease agreement”). B.

On April 17, 2013, the Defendant transferred to E a lease deposit claim (the remainder after deducting the unpaid rent out of the lease deposit) against the Plaintiff (hereinafter “transfer contract of this case”) in order to repay the loan repayment obligation to Nonparty D, who is the Plaintiff (hereinafter “the transfer contract of this case”), and the notification of the transfer of this case reached the Plaintiff on April 22, 201.

C. On August 27, 2013, the day after the expiration of the instant lease agreement, the Plaintiff: (a) prepared a letter of confirmation that “The Defendant entrusted the Defendant with the entire right to transfer, acquire, and dispose of the property; (b) however, due to unavoidable relations, the Defendant would have received the entire deposit; (c) thereby, the Defendant would receive the entire deposit; and (d) paid 32 million won of the remainder after deducting the unpaid rent, etc. from the Defendant on August 28, 2013.

On September 3, 2013, the Defendant remitted KRW 20 million out of the lease deposit amount of KRW 32 million received from the Plaintiff to E.

E. E had a claim for the refund of the lease deposit of this case against the Plaintiff as to D, who is the Defendant’s son, as the Busan District Court Branch Branch 2014Gada1801, and notified the Plaintiff of the claim for the refund of the lease deposit of this case for the repayment. Since the Plaintiff paid the lease deposit directly to the Defendant and received the remainder of KRW 10 million out of the transfer deposit, and the Plaintiff did not receive the payment for the remainder of KRW 10 million,000,000,000,0000.

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