(영문) 수원지방법원안산지원 2016.01.14 2015가단18206

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(영문) 수원지방법원안산지원 2016.01.14 2015가단18206

불법행위에 의한 부당이득금 반환

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff's assertion was made by acquiring a total amount of KRW 59,400,000 per month from March, 2009 to February, 2010 by receiving KRW 3,750,000 per month from the plaintiff to E who is the owner of the building of this case under the name of the defendant C, even though he was not authorized to conclude the lease contract from E, which is the owner of the building of this case, even though he was not the owner of the building of this case, and obtained a payment of KRW 3,750,00 per month from March, 209 to February, 201, as the monthly rent, from the plaintiff to E who is the owner of the building of this case.

2. Determination

A. According to the evidence evidence No. 1, on August 29, 2014, Defendant B filed a lawsuit for the delivery of a building, etc. (hereinafter “related lawsuit”) against the Plaintiff on August 29, 2014 by Suwon District Court Branching 2014Kadan27913, and the pertinent lawsuit can be acknowledged that the following mediation (hereinafter “instant mediation”) was completed on April 20, 2015 at the conciliation date where the F of the conciliation intervenor F attended.

Conciliation Provisions

1. By April 30, 2015, Plaintiff A transferred Plaintiff A’s motor vehicle maintenance shop (G) located in Ansan-si, Ansan-si, and cancelled Plaintiff A’s business registration under the name of Plaintiff A.

2. Defendant B shall pay KRW 8 million to the Plaintiff by April 21, 2015. If Defendant B delays the payment of the said amount until the said payment date, the damages for delay calculated at the rate of 20% per annum from the day following the said payment date to the day of full payment.

3. As described in paragraph (1) above, the Intervenor F succeeded to the right to permit the maintenance business from the Plaintiff, and the Plaintiff A cancels the registration of the Plaintiff’s business, and the Defendant B shall pay the Plaintiff KRW 12 million to the Plaintiff.

4. The Plaintiff A shall order the instant building to Defendant B by May 30, 2015.

5. Defendant B shall pay KRW 3 million to Plaintiff A at the same time with the order of the instant building from Plaintiff A.

6. The plaintiff A and the defendant B will hereafter be the building of this case and the above.

유사 판례

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