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(영문) 부산지방법원 2018.11.14 2017가합52166
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

A is a corporation whose main business purpose is real estate development business, real estate rental business, etc., and is the previous owner of each real estate listed in the attached list, and the E, F, and G three shareholders.

The Defendants, as married couple from around 201 to September 2017, operate a restaurant with the trade name of “H” in the part of “A” (hereinafter referred to as “instant store”) in the attached Form 1, 2, 3, 4, 5, 6, 7, 8, and 1 among the real estate listed in paragraph (2) of the attached Table (hereinafter “instant building”) among the real estate indicated in the attached Table 1, 2, 3, 4, 5, 6, 7, 8, and 1.

The plaintiff is the former owner of a site and building adjacent to each real estate listed in the attached list, and E, F, and G3 are its shareholders, and the corporation I (hereinafter "I") is the complete subsidiary of the plaintiff.

On March 16, 2011, Defendant C and the instant store entered into a lease agreement with Defendant C with KRW 110,000,000 per annum, KRW 4,290,00 per month, and the term of lease from April 1, 201 to June 30, 201, and the said lease agreement was implicitly renewed.

On June 26, 2013, Defendant C entered into a lease agreement with Defendant C with the term of 110,000,000,000, monthly rent of KRW 4,730,00, and the term of lease until June 30, 2015.

On June 30, 2015, Defendant C entered into a lease agreement (hereinafter “instant lease agreement”) with Defendant C with respect to the instant store, whereby the lease deposit amount of KRW 110,000,000 is KRW 5,203,00 per month, and the lease period of KRW 5,203,00 per month, and the lease period is as of June 30, 2017.

I was established on January 22, 2016 for the purpose of housing construction business, etc., and the building in this case was removed and the site was owned by the Plaintiff, etc., as well as the land indicated in Section 1 of the attached Table No. A owned by Company A, and the site owned by the Plaintiff, etc. in the vicinity of the above site, and built and sold a total of 3,493 square meters of the nine lots of land as a project site.

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