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(영문) 서울북부지방법원 2020.07.14 2020가단108414
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion and judgment

A. The Plaintiff asserted that the Plaintiff leased KRW 80,000,000 to December 9, 2014, and went to another place while residing in the building in Seongbuk-gu Seoul Metropolitan Government from December 1, 2014, and the Plaintiff first returned KRW 10,000,000 out of the above deposit to the lessor, and the remainder of KRW 70,000,000,000,000,000 were to be returned to the Plaintiff. After which the Defendant, who operated the E Licensed Real Estate Agent’s Office, was delegated by the said lessor to return the remainder deposit KRW 70,000,000,000 to the Plaintiff. The Plaintiff did not return the remainder to the Plaintiff three times from June 5, 2015 to June 10, 2015, and did not return the deposit KRW 500,500,000,000 to the Plaintiff.

Therefore, the defendant is obligated to refund or pay to the plaintiff 45 million won and damages for delay caused by unjust enrichment or tort.

B. On December 9, 2014, the Plaintiff, solely with the written evidence Nos. 1 through 11, was a lessee who leased a house of Seongbuk-gu Seoul Metropolitan Government C with a lease deposit amount of KRW 80,000,000, and had the right to claim the return of the said lease deposit against D, a lessor of the said house.

It is insufficient to recognize that D entrusted the return of KRW 70 million out of the lease deposit for the above house to the Plaintiff and provided the Defendant with the above money, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's assertion is without merit.

2. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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