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Reasons
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(영문) 서울중앙지방법원 2017.03.31 2015가단149436
부당이득금
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1. The Defendant: 28,108,296 won to the Plaintiff, and 5% per annum from September 23, 2015 to March 31, 2017, and the following day.

Reasons

1. Facts of recognition;

A. On March 29, 2002, the Plaintiff and the Defendant purchased the Gangnam-gu Seoul Metropolitan Government Land and D Land, and its ground oil station and building (hereinafter “instant real estate”) and completed the registration of ownership transfer for 1/2 shares of the instant real estate on March 29, 200. From that time, the Plaintiff and the Defendant jointly operated the gas station at the rate of 5:5 shares from the instant real estate.

B. The Plaintiff and the Defendant opened and used the national bank account and the SC Bank account in the name of the Defendant for business purpose.

C. On July 2013, the Defendant filed a lawsuit claiming a partition of co-owned property as to the instant real estate, which was located in the same business property, with the Seoul Central District Court 2013Kahap52566, as to the operation of the said gas station.

1. The plaintiff shall pay 8.6 billion won to the defendant as follows.

August 1, 2014 2 billion won

(b) KRW 2 billion on September 15, 2014;

(c) KRW 2 billion on October 31, 2014;

(d) 2.6 billion won on December 31, 2014;

2. At the same time, the Defendant received KRW 8.6 billion from the Plaintiff, while completing the registration of ownership transfer with respect to the Defendant’s shares among the instant real estate, and transferred the ownership of its affiliated facilities to the Plaintiff.

4. At the same time with the payment of the full amount stated in the above Paragraph 1, the defendant transferred the defendant's share in the gas station on the land of this case to the plaintiff, and when 4 billion won is paid out of the amount stated in the above Paragraph 1, the right to operate the gas station shall be transferred to the plaintiff. After that, the last day of each month until the defendant is paid the remainder, the defendant's attorney of this case (the defendant's attorney F and the plaintiff's attorney G) jointly audit the operation status of the gas station.

On June 17, 2014, the following mediation was established.

E. According to the above conciliation, the Plaintiff was transferred the operating right from the Defendant and operated the said gas station from October 1, 2014, and paid 8.6 billion won to the Defendant by December 31, 2014.

(f) thereafter.

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