(영문) 수원지방법원 2017.11.15 2017가단519495

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(영문) 수원지방법원 2017.11.15 2017가단519495

부당이득금

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1. The Defendant shall pay to the Plaintiff KRW 120,00,000 and the interest rate of KRW 15% per annum from August 24, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 2, 2004, the Plaintiff completed the registration of transfer of ownership based on sale as to D Apartment No. 403 (hereinafter “instant apartment”) on two parcels outside Pyeongtaek-si C.

B. On September 17, 2010, E had the Plaintiff complete the registration of ownership transfer on the instant apartment against the Plaintiff’s will.

C. On March 8, 2011, the Defendant leased the instant apartment to F by setting the lease deposit amount of KRW 100 million, the lease term from March 31, 201 to March 30, 2013.

(hereinafter “instant lease contract”). D.

On June 2013, the Defendant and F increased the lease deposit to KRW 120 million when renewal of the instant lease agreement.

E. The Plaintiff demanded the Defendant to transfer the ownership of the instant apartment against the Plaintiff’s intent, and the Defendant completed the registration of ownership transfer on May 8, 2015 with respect to the instant apartment on the ground of sale on March 24, 2015.

F. On June 2, 2015, the Plaintiff concluded a sales contract with F to set forth KRW 153,80,000 for the instant apartment as the purchase price, and the Plaintiff decided to substitute KRW 120,000 for the instant lease deposit with KRW 120,000,000 for the purchase price.

G. On June 4, 2015, the Plaintiff completed the registration of ownership transfer with respect to the instant apartment on the grounds of sale as of June 2, 2015 to F.

[Ground of recognition] The descriptions of Gap evidence Nos. 1 through 4, the witness F's testimony, the purport of the whole pleadings

2. According to the judgment and the facts of the above recognition, since the Plaintiff repaid the lease deposit amount of KRW 120 million to be paid by the Defendant to F to F in lieu of the Defendant by deducting the Plaintiff from the purchase price to be paid, the Defendant is obligated to return the said KRW 120 million to the Plaintiff as unjust enrichment.

Therefore, the defendant is the day following the delivery date of a copy of the complaint of this case to the plaintiff.

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