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(영문) 수원지방법원 2016.06.23 2015가단60722
부당이득금반환
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Basic facts

A. On December 10, 1986, the Selection C completed the registration of initial ownership relating to 101 of the Suwon-si D Building 101 on December 10, 1986, and on December 16, 2009, the registration of ownership transfer was completed based on the restoration of the true registration name with respect to each one-fourth portion of the two-fourths.

B. On June 1, 1995, G entered into a lease agreement with the Selection C and approximately 12 square meters of the above D Building 101 (hereinafter “instant store”) with a lease deposit of KRW 67,00,000, monthly rent of KRW 1,130,000 ( separate value-added tax, monthly parking fee of KRW 120,000, monthly parking fee of KRW 200,000) to lease from June 1, 1995 to May 31, 1996 (this case’s lease agreement was ratified by the Plaintiff, Selection, and F confirmed the said lease agreement; hereinafter “the first lease agreement”). After the expiration of the lease period of this case’s lease, G operated the instant store “H mother” with the renewal of the lease agreement of the first lease agreement after the expiration of the lease period of this case.

C. Around September 197, the Defendant succeeded to the status of the lessee under the instant first lease agreement with G, and around July 1998, decided to raise the monthly rent to KRW 1,800,000 between the Appointor C.

Around September 30, 2006, the Defendant concluded a lease agreement with the Appointed Co., Ltd to lease the instant store from the deposit money for lease of KRW 30,000,000 ( KRW 67,000,000 - KRW 37,000), monthly rent of KRW 1,30,000 from October 1, 2006 to September 30, 207.

(E) The Plaintiff, Appointee E, and F ratified the above lease contract; hereinafter “instant two lease contract”). E.

On October 13, 2006, the Defendant: (a) prepared a receipt to the effect that the Defendant was returned KRW 37,000,000 out of KRW 67,000 of the deposit for the first lease of this case; and (b) delivered it to the Selection C.

F. The defendant 2.0

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