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(영문) 서울중앙지방법원 2014.10.23 2013가단231959
부당이득금 반환 등
Text

1. The Defendant’s KRW 22,076,016 and KRW 21,587,096 among them shall be the Plaintiff from December 28, 2013, and KRW 488,920 among them.

Reasons

1. Facts of recognition;

A. Seoul Gangnam-gu Seoul 1st floor No. 102 (hereinafter “instant real estate”) owned by the Defendant, and the Plaintiff acquired ownership through public sale on December 27, 2012.

B. From March 19, 2002, the Defendant, along with his spouse D, completed a move-in report on each of the instant real estate from February 15, 2012, and F, from April 20, 2012, and resided in the said real estate.

Meanwhile, the Defendant retired from the instant real estate, but completed a move-in report again on the instant real estate from January 14, 2013 and resided in the said real estate.

C. After acquiring the ownership of the instant real estate, the Plaintiff requested that D, E, and F (hereinafter “D, etc.”) leave the instant real estate and deliver the said real estate several times, but D, etc. demand support from the director, etc., and failed to comply therewith.

Accordingly, on January 10, 2013, the Plaintiff filed a lawsuit against D, etc. seeking delivery of the instant real estate under the Seoul Central District Court 2013Ma7897, and separately sought payment of unjust enrichment, etc. equivalent to rent, etc., and filed a lawsuit against the Defendant seeking payment of unjust enrichment, etc. equivalent to rent.

E. In the process, on June 17, 2013, the Plaintiff: (a) signed a written agreement on the termination of real estate life style (hereinafter “instant agreement”) with D, etc. as an agent of the Defendant, who is delegated with all authority by the Plaintiff; and (b) drafted the following contents.

In addition, the Plaintiff transferred KRW 5,00,000 to D’s account on June 17, 2013 in accordance with the instant agreement.

(1) Defendant B et al.’s agent confirms that no objection is raised to the order of the Plaintiff, the owner of the instant real estate, and that the ownership and right to dispose of the building, land, and inside and outside of the building should be transferred to the owner.

Dor. Dor. Dor.

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