logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.12.11 2015나2007525
부당이득금반환
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The reasons for the court's reasoning in this part are as follows: "The amount of KRW 16.5 million per month" in the second half and fourth half of the judgment of the court of first instance shall be read as "the amount of KRW 15.5 million per month (the amount has increased to KRW 16.5 million in Ghana)"; and the third [based grounds for recognition] shall be the same as the corresponding part of the reasons for the judgment of the court of first instance, and this shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The plaintiffs asserted that the amount of heavy taxation arising from the entertainment tavern business among the property tax on the building and land of this case shall be borne by the defendant who is the owner thereof. Although the rent under each of the lease agreements of this case includes a substantial amount of heavy taxation, the defendant is obligated to pay the above amount of heavy taxation to the plaintiff A for unjust enrichment, on the ground that the defendant gains profits by obtaining a separate payment of the above amount of heavy taxation as stated below from the plaintiffs without any legal ground or by any unfair act using flasing, rashness, experience, or anti-social order or by taking advantage of a superior status as lessor, or by any unfair act using the plaintiff's old-age, rashness, experience, or anti-social order, the defendant is obligated to pay the above amount of heavy taxation to the plaintiff A for unjust enrichment.

A In response to the agreement with the plaintiffs, the defendant asserts that since he received the above amount of heavy taxation from the plaintiffs according to the above amount of heavy taxation, he cannot accept the plaintiffs' claim for return of unjust enrichment.

Judgment

The following facts are not disputed between the parties, or acknowledged by taking into account the following facts: Gap 1, 3 evidence, Eul 2, 6, 7, 14, 17, and 18 evidence, G witness G of the first instance court, and the whole purport of the arguments as a result of the order to submit tax information to the head of Gangnam-gu court of the first instance to submit tax information.

From July 2004, the underground floor of the instant building was used as an entertainment drinking house by the lessee from May 2005.

From around 2005, the defendant has an underground floor equivalent to the heavy tax amount of the property tax on the building and land of this case.

arrow