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(영문) 수원지방법원 2013.09.27 2011가단42481
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 1,704,860 to the Defendant (Counterclaim Plaintiff) and its related amount from November 24, 2012 to September 27, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed as the same.

1. Basic facts

A. The Plaintiff and the Defendant purchased 1001 and 1002 shares of F from F and G in relation to the 1/2 shares of the 1/2 shares of the 10th of the 4th and 10th of the 10th of the E on the ground of the 10th of the 10th underground floors and the 10th of the 10th of the 10th of the 10th of the ground level on the ground of the 1,277.9 square meters of Yongsan-gu, Seoyang-si, Seoyang-si, the Plaintiff and the Defendant acquired each of the 1/2 shares of the 1/2 shares of G and the 1/2 shares of the 1/2

B. Meanwhile, at the time, the Defendant received a verbal delegation from the Plaintiff residing in the U.S., all of the powers pertaining to each of the instant real estate, and accordingly, the Defendant performed all legal acts, such as sales contract, lease contract, and registration.

C. As to each of the real estate in this case, the Defendant: (a) around April 2005, the deposit amount of KRW 70 million, monthly rent of KRW 4.8 million, and the period from April 20, 2005 to May 20, 2006, and (b) on April 13, 2006, the deposit amount of KRW 70 million, monthly rent of KRW 4.8 million, and the period from May 20, 2006 to May 19, 2008 were leased to H, who is the representative director of the Dispute Settlement Bank Co., Ltd., by fixing the period from November 16, 2009 to December 10, 2011.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Gap 10 evidence, Gap 15 evidence, Eul 2-1 to 3, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff was paid 9.6 million won to the plaintiff for 13 months from April 2005 to May 20, 2006, and 39.8 million won, which is the plaintiff's share among the monthly rent of 9.6 million won and deposit of 70 million won, 2.4 million won, which is the plaintiff's share among the monthly rent of 2.4 months from December 2008, 2009 to June 2, 2009, 9.6 million won, which is the plaintiff's share among the monthly rent of 2,350.80 won, from March 2009 to June 2009, from December 1, 2009 to December 1, 204, 200 million won, which is the plaintiff's share of 1.4 million won and 1.4 million won, among the plaintiff's monthly rent of 1.4 million won to December 2, 2007 to December 208.

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