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(영문) 서울동부지방법원 2015.06.17 2013가단120168
부당이득금
Text

1. The Plaintiff, Defendant A, and Defendant B and C, respectively, KRW 20,000,00 and each of them from June 25, 2014.

Reasons

1. Facts of recognition;

A. On June 25, 2012, G buildings scheduled to be newly built on E and F ground from D Co., Ltd. (which appears to have been changed to H and I during the period; hereinafter “instant commercial building”), J, K, 107, and 108, and L were sold in lots, respectively.

(hereinafter referred to as "107" means that each unit unit is "107." B.

In order to use it as a mobile phone store at the time, the Plaintiff (the Plaintiff): (a) leased 107 and 108 units from J, K on July 23, 2012; (b) KRW 50 million per household; and (c) KRW 2.5 million per month from L, to use it as a mobile phone store; and (d) leased KRW 109,000 per household as the broker of Defendant A, etc.

(hereinafter referred to as “the lease of this case,” and 107, 108, and 109 combined, collectively referred to as “the lease of this case”).

On that day, the Plaintiff, upon the request of Defendant A, etc., remitted the amount of KRW 15 million in total to Defendant A’s account, Defendant B, C, and M account, each of which was KRW 75 million. The Defendants and M respectively, prepared a written confirmation of the following contents in relation to the return of the amount deposited into their own account and issued it to the Plaintiff:

hereinafter referred to as the "agreement of this case"

In relation to the lease contract of this case, I will return the amount already paid by the plaintiff, if the plaintiff is unable to do so due to a cause attributable to the lessor or a third party.

However, if the plaintiff is unable to move in due to the reasons attributable to the plaintiff, the plaintiff will not raise any objection to the amount already paid. D.

Around May 8, 2013, approval for use of the commercial building of this case was granted, D on May 16, 2013, and D on May 16, 2013, the registration of ownership transfer was made to Korea Asset Trust Co., Ltd. based on trust.

E. On June 19, 2013, D transferred its ownership to L on June 19, 2013. However, D transferred its ownership.

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