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(영문) 대구고등법원 2018.11.23 2018나21242
부당이득금
Text

1. The judgment of the court of first instance is modified as follows.

Defendant D, Defendant D, and Defendant E, KRW 306,51,748,00.

Reasons

1. Basic facts

A. The relationship between the parties and the current status S of the instant real estate was owned by 31 lots of land and buildings on the ground (hereinafter collectively referred to as “instant real estate”), as indicated in the attached Table “Land List,” and the Plaintiff entered into a contract between G and Defendant D on May 25, 201 to purchase the instant real estate from the Plaintiff.

At the time of May 25, 2011, the instant real estate was used by the lessee as a motor vehicle trading business place, but the place of business was classified into T First Exhibition (hereinafter “First Exhibition”) and T Second Exhibition (hereinafter “Second Exhibition”).

The first exhibition place is divided into the K Complexes located on some lots and buildings outside the Seo-gu, Daejeon (hereinafter collectively referred to as the “First exhibition K Complexes”) and the L Complexes located on some lots and buildings outside the Seo-gu, Daejeon, Daejeon (hereinafter referred to as the “First exhibition complex”), and the second exhibition place was located on some lots and buildings outside the Seo-gu, Daejeon and its ground, and the second exhibition place was located on some lots and buildings outside the Daejeon, and the first exhibition place was located on some lots and buildings outside the Daejeon, but the first exhibition complex, the first exhibition complex, the first exhibition complex, and the second exhibition complex were operated by the public committee.

At around August 9, 2005, S leased the first exhibition complex K with the term of KRW 250,00,000, and the term of KRW 500,000, and around June 16, 2006, to O and U (the above two persons are referred to as “O, etc.”). On or around June 16, 2006, S leased the first exhibition complex L with the term of KRW 500,00,000, and the term of KRW 500,00,00 to the Plaintiff’s Intervenor C (the Chairperson of the Public Committee for the First exhibition Complex L Complex, hereinafter the Plaintiff’s Intervenor was omitted, and S leased the second exhibition complex to the Chairperson of the Public Committee for the Second Exhibition.

S died on August 27, 2006, and G, a lineal descendant of S and Defendant D (hereinafter referred to as “Defendant D, etc.”) inherited 1/2 shares of the instant real estate on October 23, 2009.

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