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(영문) 광주지방법원목포지원 2017.06.28 2015가단5222 (1)
부당이득금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around December 2013, the Plaintiff sold his/her co-ownership with the Defendant as to the three-story building on the ground C (hereinafter “instant building”), Jeonnam-si, Jeonnam-do, where he/she shared (Plaintiff 9/20 shares, and Defendant 11/20 shares). However, the Plaintiff decided to lease the two-story of the instant building from the Defendant in order to operate a singing practice room and entertainment tavern (hereinafter “the instant building”).

B. The first floor of the instant building was a restaurant with the trade name “D”, and the indoor 2, outdoor 2, and neighboring 1 parking lots were installed, but the indoor 1st of the parking lot was extended and installed on the day irregular (before around 2005), and the indoor 1st of the parking lot was reduced to 1st of the parking lot.

C. The Plaintiff applied for a business license for entertainment taverns operated in the instant building, but it was difficult for the Plaintiff to obtain a business license due to lack of attached parking lots, and applied for exemption from the duty to establish an attached parking lot at the time of Manapopo-si.

On December 27, 2013, Sejong-si imposed charges of KRW 27,946,00 for the costs of installing attached parking lots on the Plaintiff (hereinafter “instant charges”). On December 27, 2013, the Plaintiff paid the instant charges to the Plaintiff.

On January 17, 2014, the Plaintiff completed the registration of ownership transfer for 9/20 shares of the instant building on January 15, 2014. On March 4, 2014, between the Defendant and the Defendant, the Plaintiff entered into a lease contract with the term of lease for 24 months from March 4, 2014 and 70,000,00 won.

E. On March 11, 2014, the instant building was changed to a general restaurant of 16.8 square meters and a parking lot of 17.4 square meters in a single-story parking lot into a general restaurant of 16.8 square meters and a parking lot of 17.4 square meters, and the relevant attached parking lot was changed to a water supply indoor 1, outdoor 2, neighboring 1, and exemption.

Grounds for recognition: Facts without dispute, Gap 1-5 evidence, Eul 2, 3, and .

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