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(영문) 부산지방법원 2019.08.30 2018가단316655
보관금 내지 부당이득반환
Text

1. The Defendant’s KRW 84,800,000 as well as 15% per annum from April 18, 2018 to May 31, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff living together is the owner of each land and each ground building in Busan Dongdong-gu C and D, and the defendant is the owner of E site and ground building.

B. On April 9, 1976, the registration of ownership transfer was completed in the name of the Plaintiff on the ground of the donation made on March 31, 1976 with respect to the Busan Dongdong-gu C, Busan on April 9, 1976, on the ground that the donation was made on March 31, 1976. On June 15, 1998, the registration of ownership transfer was completed in the name of the Plaintiff on the second floor of the block structure slive roof of the above site (hereinafter “building 1”).

C. On November 23, 1989, the registration of transfer of ownership was completed in the name of the Plaintiff on the ground of sale on November 15, 1989 with respect to the housing of 164.6 square meters in Busan Dong-gu and 164.6 square meters in the ground brick slives slives roof (hereinafter “instant building 2”).

F around June 29, 2013, on the second floor of the instant building No. 1, F entered into a lease agreement with a deposit of KRW 25,000,000, monthly rent of KRW 200,000, and paid the Defendant the deposit and monthly rent of KRW 25,000.

E. On December 4, 2006, G entered into a lease agreement with a lease deposit of KRW 5,00,000, monthly rent of KRW 180,000 for part of the second floor of the instant building, and H entered into a lease agreement with a lease deposit of KRW 20,000,000 for part of the first floor of the instant building on April 22, 201, and paid a deposit and monthly rent of KRW 20,000 for each Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, entry of Eul 1 to 5 evidence (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. We examine the determination as to the cause of the claim, each of the above facts, and the following circumstances acknowledged by the evidence as above, namely, that each of the buildings of this case is registered in the name of the Plaintiff, and that the building of this case is distributed equally to the Plaintiff, Defendant, and I before the Plaintiff dies, and that each of the buildings of this case was donated to the Plaintiff.

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