(영문) 서울북부지방법원 2016.09.08 2015가단41203

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(영문) 서울북부지방법원 2016.09.08 2015가단41203

부당이득금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff’s instructions from C to the Defendant’s passbook amounting to KRW 10 million on April 1, 2015, and the same year.

4.2. 5 million won, and the same year.

4. 9.10 million won, and the same year;

6. 10.20 million won, and the same year;

6.1. 5 million won, and the same year.

7. A total of KRW 80 million, including KRW 30 million, was remitted.

B. Around April 2015, the Plaintiff agreed with C as follows.

The Plaintiff and C enter into a lease contract with the prop and agreed to divide profits in proportion to the amount of investment in the lease of commercial buildings and the development of real estate with the authority delegated by the Plaintiff and C. The Plaintiff and C shall allow the lease contract and the acquisition of authority from the prop in the name of Osan-si (hereinafter referred to as “instant land”).

C It is confirmed that the Plaintiff deposited KRW 25 million out of the deposit for lease deposit with the prop, to the Agricultural Cooperative Account of the Prop (Defendant) of the instant land, and shall handle it in consultation with each other in all subsequent business operations.

C. The Defendant, as the owner of the instant land, is running a parking lot and land rental business with the instant land as its place of business.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and 4, the purport of the whole pleadings

2. The gist of the assertion is that C occupies a container stuff installed on the instant land owned by the Defendant with the permission of the Defendant to use the container stuff installed on the instant land owned by the Defendant for electricity only, and has a parking lot and a work. If C lends money to the Defendant who is friendly with the Defendant for a period of 30 years, he/she would, with the permission of the Defendant, make a rent on the container stuff’s site with the permission of the Defendant, by deceiving C to make a lot of profits, such as that a fixed income accrues from a fixed income and a long-term operation without the rent, and then, he/she would have the Plaintiff transfer the amount of KRW 1/2 of the revenue amount to the Defendant’s passbook six times.

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