(영문) 서울중앙지방법원 2015.05.15 2014가단5292154

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(영문) 서울중앙지방법원 2015.05.15 2014가단5292154

건물

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that the Plaintiff: (a) received a successful bid for the real estate listed in the separate sheet in the auction procedure for real estate C in this court; and (b) completed the registration of ownership transfer on July 21, 2014; and (c) concluded a lease contract with YNC Co., Ltd., Ltd., the former owner of the real estate listed in the separate sheet on February 25, 2009; (b) concluded a lease contract with the term from April 11, 2009 to April 10, 201; and (c) concluded a lease contract with the term from April 11, 2009 to extended the term of lease to KRW 75 million on April 11, 201; and (d) occupied and used the real estate listed in the separate sheet by asserting that the lease deposit was extended to two years.

However, in full view of the following facts: (a) the lease agreement between the Defendant and Ssung Co., Ltd. between the Defendant and the Defendant’s father was made on behalf of both the Defendant and Ssung C Co., Ltd.; (b) the real estate indicated in the attached list had already existed a senior mortgage of Franchis Savings Bank; (c) the lease agreement was concluded at a lower price compared to the lease deposit price of KRW 140,000,000, which is the real lessee at the time; and (d) the lease agreement was concluded at a lower price than the lease deposit price of KRW 140,00

Therefore, the defendant should deliver to the plaintiff, who is the owner of the real estate listed in the separate sheet, the real estate listed in the separate sheet, and return the amount equivalent to the rent as unjust enrichment

2. In light of the facts acknowledged by the statements in Gap evidence Nos. 1 and 10 and the circumstances alleged by the plaintiff alone, there is insufficient evidence to acknowledge that the defendant is the most lessee, and there is no other evidence to acknowledge that the defendant is the most lessee, and rather, according to the statements in Eul evidence Nos. 1, 2, and 3 (including the serial number), the defendant can find the fact that he entered into a lease agreement with SsungNC Co., Ltd. and paid all the lease deposit amount of KRW 75 million.

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