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(영문) 서울중앙지방법원 2016.05.11 2015가단5023973
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On December 18, 2012, the Plaintiff entered into a contract for acquisition of rights and a lease agreement (hereinafter “instant contract for acquisition of rights”) with C, representing the Defendant, and entered into a contract for acquisition of rights (hereinafter “instant contract for acquisition of rights”) with D Public Notice Board (hereinafter “Public Notice Board”) to acquire all rights and facilities of KRW 85 million, consisting of 33 units of buildings listed in the separate sheet (hereinafter “instant building”) on the 45th floor among the buildings listed in the separate sheet (hereinafter “instant building”). The Plaintiff operated the instant Public Notice Board.

[Around December 11, 2013, the Defendant denied that it is not a party to the instant contract for acquisition of rights, but it is difficult to reverse the above fact of recognition only with the entries of the evidence Nos. 1 through 4 (including the paper numbers)] (2) E entered into a contract for acquisition of rights with the Plaintiff to acquire the rights and facilities of the instant public notice board from the Plaintiff and pay KRW 100 million premium to the Plaintiff, and paid KRW 100 million to the Plaintiff according to the said contract.

(3) On January 15, 2014, E entered into a lease agreement with F, the owner of the instant building, by setting the lease agreement from F, to January 15, 2016, with the amount of KRW 164.84 square meters on the fourth floor of the instant building, KRW 50 million on the deposit for lease, and the period of lease from January 16, 2014 to January 15, 2016.

B. The current status of the instant building and the imposition of a charge for compelling the performance (1) was made on March 14, 2014, on the 4th, 23 square meters of the instant building, 11 rooms were installed without filing a report under Article 14 of the Building Act on the 5th, the right-hand, 10 square meters of the 5th, and 18th, back of the 5th, without filing a report (hereinafter “instant extension”). The purport that the said extension was made in the building management ledger on the instant building was written on March 14, 2014.

(2) Since the extension portion of this case was extended to F on March 14, 2014 in violation of Article 14 of the Building Act, the head of Gwanak-gu Office voluntarily restores it to the original state until April 14, 2014, and imposes a non-performance penalty if not.

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