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Reasons
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(영문) 수원지방법원 2021.01.21 2019가단517318
부당이득금
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1. The Defendant’s KRW 61,637,443 as well as the Plaintiff’s KRW 5% per annum from December 12, 2019 to January 21, 2021.

Reasons

1. Facts of recognition;

A. On May 18, 199, C donated 1/2 of the E-factory site 1,523 square meters (hereinafter “instant land”) to the Plaintiff, the Republic of Korea, the Republic of Korea, and the Republic of Korea, the Republic of Korea, on May 18, 1999. After D’s death on November 11, 200, Defendant (C’s grandchildren) (i.e., the son) inherited the said 1/2 shares through a division, and thereafter, the Plaintiff and the Defendant were harmful to each of the instant land 1/2 shares.

B. On the instant land, the instant building is built of 195 square meters in a single-story factory, a single-story factory, a steel-frame board (hereinafter “the instant building”) and 497 square meters in a single-story factory, the roof of the steel-frame board (hereinafter “second-story”). The instant building was owned by the Plaintiff and the Defendant after completing the registration of preservation of shares on January 25, 2002, each 1/2, and the instant building was owned by the Defendant on April 4, 2001.

(c)

C From June 2003, since the Plaintiff owned the instant building and the Defendant’s sole ownership of the instant building and the instant building, the sole ownership of the Defendant, have been leased to a third party and received rent, and has performed the management work thereof.

C From June 2003, from around 13, 2003, the rent of the instant building was KRW 1320,000 per month (including value added KRW 120,000) and was leased and managed in the name of the Defendant. On August 2014, the lease deposit for the instant building No. 1 was determined as KRW 10,000,000 and KRW 1320,000 per month (including value added tax) and continued to be leased in the name of the Defendant.

(d)

C The rent paid by the lessee during the management of the instant building No. 1 was deposited in the F Cooperative Network Book (hereinafter “instant account”) account in the name of the Defendant except for the portion on December 2016, 2016. On August 18, 2014, the lessee’s deposit amounting to KRW 10 million was deposited in the instant account.

E. The Defendant filed against the Defendant the Suwon District Court No. 2017 together with 10254, the instant building No. 1.

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