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Reasons
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(영문) 서울동부지방법원 2019.06.28 2017가합102769
부당이득금
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1. The Defendant’s KRW 1,499,263,904 as well as the Plaintiff’s KRW 5% per annum from April 6, 2017 to June 28, 2019, and the following.

Reasons

1. Basic facts

A. As the father of the Defendant, the Plaintiff was the owner of Seoul Gangseo-guC, D Land (hereinafter collectively referred to as “instant land 1”), its ground buildings (hereinafter referred to as “instant building”) and E land (hereinafter referred to as “instant land 2”), and its ground buildings (hereinafter referred to as “instant building”).

B. Around January 2010, the Defendant received a comprehensive delegation from the Plaintiff on real estate owned by the Plaintiff, and managed each land and building described in the preceding paragraph.

C. The Defendant also had the right to conduct automobile maintenance business related to the instant land No. 1, but entered into a contract with the FF Co., Ltd. (hereinafter “F”) on April 4, 201 to lease the instant land No. 1 and the automobile maintenance business right to the following.

Article 2 (Term of Lease)

1. The lease term shall be from April 4, 201 to February 28, 2017 as a clerk;

Article 3 (Rental Deposit and Monthly Rent)

1. The lease deposit shall be licking0 million won (Won 700,000,000) for the entire land owned by the plaintiff and motor vehicle-related facilities owned by the defendant, and shall be consulted on an increase in January 2012;

A lessee shall pay monthly or rent by the end of each month.

2. Monthly or rent shall be the Geumcheon million won in gold (Won 35,000,000) for the rent from April 201 to April 2013, and the rent from May 2013 to February 2017 shall be KRW 40,000 in gold yarn (Won 40,000,000);

(Issuance of Tax Invoice by Value-Added Tax Amount). Article 4 (Lease of Automobile Maintenance Business)

1. The plaintiff and the defendant shall lease the automobile maintenance business right to FF for the same period as the land use lease.

On May 29, 2013, the Plaintiff completed the registration of ownership transfer on the ground of donation to the Defendant, Defendant’s spouse G, Defendant’s children H, I, and J as to the instant land No. 2 and building No. 2, and No. 2, and on November 14, 2016, the Plaintiff completed the registration of ownership transfer on the ground of donation to the Defendant as to the remainder of the real estate No. 1/5.

recognized.

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