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(영문) 울산지방법원 2018.04.18 2017가합21950
부당이득금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 103,087,750 as well as its annual interest from May 16, 2017 to April 18, 2018.

Reasons

1. Basic facts

A. On December 3, 2014, the Plaintiff leased land and buildings (hereinafter “instant real estate”) indicated in the separate sheet to D Co., Ltd. (hereinafter “D”) as indicated below (hereinafter “instant lease”) and transferred the said real estate to D around that time.

(1) The terms and conditions of the lease contract shall be 21 months from December 1, 2014 to August 31, 2016. The lease deposit and the lease deposit for rent: 200,000,000 won (payment until December 4, 2014): 45,000,000 won per month (excluding the payment on December 15, 201, value-added tax).

B. On July 13, 2015, the Plaintiff sent to D a certificate of intent to terminate the lease agreement on the grounds of two or more occasions of delinquency in payment of rent, which included the following: (a) from February 2015, the Plaintiff sent the certificate to D on July 13, 2015.

Notes

1. The defendant delivered the real estate of this case to the plaintiff.

2. The defendant shall be the plaintiff.

(a) 61,396,918 won and the interest thereon at the rate of 15 percent per annum from August 11, 2015 to the date of complete payment;

B. From August 15, 2015 to the completion date of delivery of the instant real estate, each of the money calculated at the rate of KRW 49,500,000 per month is paid.

C. On August 5, 2015, the Plaintiff filed a lawsuit against D with the Ulsan District Court for the surrender of building and return of unjust enrichment following the termination of the instant lease agreement (Ulsan District Court 2015Gahap22140, hereinafter “instant civil lawsuit”), and the said court rendered a judgment as indicated below on July 21, 2016, and the said judgment became final and conclusive on August 6, 2016.

The Plaintiff intended to execute a notification of the delivery of real estate to Ulsan District Court E on November 1, 2016 through the executory exemplification of the judgment with the executory power of the instant civil litigation, but it became impossible for Defendant B Co., Ltd (hereinafter “Defendant B”), a third party, to execute the instant real estate on the ground that it is in possession of the instant real estate, and it was the Ulsan District Court F on January 17, 2017.

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