(영문) 부산지방법원 2016.10.27 2015가단58873

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(영문) 부산지방법원 2016.10.27 2015가단58873

부당이득금반환

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On March 10, 2010, the Plaintiff received the registration of ownership transfer for each real estate listed in the separate sheet (hereinafter “instant real estate”) from D on January 15, 2010.

B. The Defendants occupied and used the instant real estate before the Plaintiff purchased the instant real estate, while operating frequency collection in the instant real estate.

C. On November 6, 2014, the Plaintiff sent to the Defendants a certificate of content to the effect that the instant real estate was leased to KRW 50,000,000 per month, and KRW 5,000 per month by November 20, 2014, and that the lease agreement was concluded, and that the said certificate reached the Defendants.

On April 27, 2015, the Plaintiff completed the registration of ownership transfer for the instant real estate to E on April 21, 2015.

【Ground of recognition】 The fact that there is no dispute, Gap's No. 1, 4, 6, and Gap's No. 2-2, the purport of the whole pleadings

2. The Plaintiff asserted that the Defendants leased the instant real estate from D around March 15, 2005. The Plaintiff purchased the instant real estate from D on January 15, 2010 and completed the registration of ownership transfer on March 10, 2010, the Plaintiff succeeded to the lessor’s status under the lease agreement between the Defendants and D. On November 6, 2014, the Defendants notified the Defendants that the instant lease contract was terminated and the instant real estate was transferred to the Defendants on the grounds that the Defendants delayed payment of rent after the Plaintiff’s acquisition of the Plaintiff’s ownership. Since the said notification reached the Defendants around that time, the lease agreement was terminated, the Defendants jointly and severally agreed to the Plaintiff on March 10, 2010 through which the Plaintiff acquired the instant real estate ownership from March 10, 2010 to April 27, 2015, and were obligated to deliver the instant real estate to the Plaintiff and the Defendants.

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