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(영문) 대구지방법원 2015.04.21 2014가단13584
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The land and buildings indicated in the attached list of real estate (hereinafter “instant real estate” are combined with land and buildings; when only the building is built, the “instant building” is jointly owned by the Plaintiff and the Defendants.

B. The instant real estate was originally owned by F, and F was deceased on August 28, 1992 by F, and co-ownership shares were inherited or transferred as follows:

Defendant C (the cause for inheritance division as of October 18, 201) 2/11 I on December 30, 1998, Defendant D (the cause for sale as of November 9, 1998) 2/11 on January 20, 1999: (a) Plaintiff (the cause for the successful bid as of November 19, 198) 2/11 H on January 19, 2014; (b) Defendant C (the cause for inheritance division as of October 18, 2013) 2/11 on December 30, 1998.

C. G has received rent from a lessee while managing the instant building from around 1970, which was at the time of F’s survival to the present date.

G entered into a lease agreement with J around 2008 on the instant building.

Of the instant building, the lessor’s column of the lease contract (O. 14, 2008, October 2008) of the first floor is indicated as “B and four other persons,” and “agent G,” and the lessor’s seal is affixed in the column of Defendant B, G, Defendant E, and K in the column of Defendant B’s seal and special agreement.

In the lessor's column of the second floor lease contract (O. 29, 2010, October 29, 2010) among the buildings in this case, the lessor's column stated "BY" as "B price G", and on the side, there is a seal affixed to whichever is unclear.

The terms and conditions of each lease contract and each lease contract are 40,000,000,000 for each floor, and 2,800,000 for each month, and 10,000,000 for the second floor.

G In accordance with the above lease agreement, since October 2008, G receives KRW 2,800,000 each month from J to the rent for the first floor of the instant building.

[Ground of recognition] Evidence Nos. 1 and 2-1 through 5 of Evidence Nos. 2, each entry No. 1 of Evidence Nos. 1, G’s testimony, the result of the inquiry and reply to the J of this Court, the purport of the whole pleadings

2. The Plaintiff’s claim for return of unjust enrichment is determined.

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