(영문) 수원지방법원 2015.06.03 2014나4849 | 리걸엔진

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(영문) 수원지방법원 2015.06.03 2014나4849

건물명도등

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1.The judgment of the first instance shall be modified as follows:

The defendant shall pay 3,551,800 won to the plaintiff.

B. The plaintiff.

Reasons

1. The plaintiff sought a return of unjust enrichment equivalent to the delivery of the building and the rent against the defendant in the first instance trial, and the court of first instance accepted all the above claims.

The defendant appealed against the whole judgment of the court of first instance, but the plaintiff withdraws the part of the request for delivery of a building which became final and conclusive, so the subject of the judgment of this court is limited to the claim for restitution of unjust enrichment

2. Basic facts

A. On March 18, 2013, the Defendant, the pre-owner of the building indicated in the attached list (hereinafter “instant house”) sold the said house to the Plaintiff, and subsequently, on April 26, 2013, the Plaintiff agreed to convert the remainder of KRW 70 million, which the Plaintiff is obligated to pay to the Defendant according to the said sales contract, into the lease deposit. The Plaintiff and the Defendant agreed to convert the remainder of KRW 70 million,00,000,000,000 from April 26, 2013 to April 25, 2014.

B. However, around June 2013, the Defendant requested the Plaintiff to terminate the said lease agreement, and the Plaintiff and the Defendant agreed to terminate the said lease agreement, and the Plaintiff agreed to return the remaining deposit amount of KRW 20 million, excluding the deposit amount of KRW 3.5 million already returned until June 14, 2013. On June 17, 2013, the Defendant agreed to return the remainder of the deposit amount of KRW 46.5 million at the same time with the delivery of the leased portion from the Defendant.

C. On June 28, 2013, the Plaintiff returned to the Defendant the KRW 30 million out of the deposit, and KRW 10 million out of the deposit on July 2, 2013, respectively, and deposited the remainder KRW 6.5 million in Suwon District Court amounting to KRW 8128 in July 30, 2013.

On the other hand, the Defendant delivered the instant house to the Plaintiff on June 1, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including branch numbers for those with additional numbers), Eul evidence No. 3, the purport of the whole pleadings

2. Determination:

유사 판례

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