logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2020.11.12 2019나54961
부당이득금반환
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Since approval for use was obtained in around 1985, a building listed in the separate sheet existed as an unregistered building, and the registration was transferred on January 14, 2003.

Of the above buildings, L(6/34 shares), B (6/34 shares), M (4/34 shares), Plaintiff (4/34 shares), N (4/34 shares), Defendant (4/34 shares), P (4/34 shares), P (1/34 shares), Q (1/34 shares), and registration of ownership was completed in co-ownership on March 7, 2008 by the registry office of the Gwangju District Court with respect to the stores of the first floor H, second floor F, third floor I, fourth floor J, and underground K (hereinafter “instant building”).

Since then, the shares of this case are changed due to donation, inheritance, sale, etc. due to L death, and the shares of this case are owned by the defendant (the shares 125/238), the plaintiff (the shares 34/238), B (the shares 27/238), theO (the shares 34/238), the P (the shares 13/238), and Q (the shares 6/238), and the above co-owners are co-owners.

B. Around 1996, the instant building was managed by the Defendant from around 1998 to January 16, 2008, and the Plaintiff was managed from January 17, 2008 to October 23, 201, and the Defendant again from October 24, 2010 to October 24, 201.

C. On February 11, 2003, the Defendant, as the manager of the instant building, entered into a lease agreement with G on April 21, 2005 with regard to the second floor F stores of the instant building (hereinafter “instant store”), which stipulated the lease deposit of KRW 50 million, monthly rent of KRW 370,000,000 from December 7, 2003 to December 6, 2004, and entered into a lease agreement with G as to the instant store from December 7, 2003 to December 6, 2005, and entered into a lease agreement with the said lease agreement, lease deposit and rent as to the instant store from December 7, 2004 to December 6, 2005.

(hereinafter “instant lease contract”) between G and G with respect to the instant store

After having taken office as a manager of the instant building, the Plaintiff’s following contents as G on November 5, 2008.

arrow