(영문) 부산지방법원 2019.06.26 2018가합40092

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(영문) 부산지방법원 2019.06.26 2018가합40092

정산금등

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1. The Defendant shall pay to the Plaintiff KRW 408,071,330 and the interest rate of KRW 15% per annum from June 27, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The defendant is the plaintiff's children.

B. On June 1, 2004, the Plaintiff completed the registration of ownership transfer each of 1/4 shares of the Defendant and the Defendant’s wife, on the ground of the gift made by May 27, 2004 as to the building on the Daegu-gu, Daegu-gu and 157.5 square meters and its ground (hereinafter “instant building”).

C. The instant building is of the size of the first and fourth floor above the ground, and the Defendant, from that time, concluded a lease agreement with respect to the instant building under its own name, and received the lease deposit and monthly rent.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff is a 1/2 equity right holder of the instant building from June 1, 2004, and the Defendant leased the instant building and was paid the lease deposit and rent. The Defendant is obligated to return to the Plaintiff the amount equivalent to the Plaintiff’s share ratio from 2006 to 2018 out of the rent and the deposit for lease from 2008 to 2018. 2) The Defendant used the 3,4th floor of the instant building from 2008 to 2013, and leased it to another person on May 20, 2014. At present, the rent of the 3,4th floor was 1,850,000 won, and the Defendant is obligated to return to the Plaintiff the amount equivalent to the Plaintiff’s share ratio out of the amount equivalent to the Plaintiff’s share ratio of the 3,4th floor used by the Defendant as unjust enrichment.

B. The plaintiff asserted 1 by the defendant, although he donated the whole building of this case to the actual defendant and D, but completed the registration of ownership transfer only with respect to the part of the building of this case as a tax issue. Although the plaintiff is obligated to transfer the remainder of the building of this case to the defendant, claiming the payment of rent, etc. on the ground that he is the 1/2 right holder of the building of this case is contrary to

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