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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff, as the owner of the land for factory in Busan-gun, Busan-gun (hereinafter “instant land”), operated a factory of “D” in the above real estate-based factory building (hereinafter “instant factory”).
B. On May 30, 2014, the Plaintiff entered into a business transfer agreement with Nonparty G, who is the husband of Nonparty E and Plaintiff’s representative director, to comprehensively transfer all rights and obligations relating to the instant factory business.
hereinafter referred to as "the transfer or acquisition contract of this case".
C. On September 24, 2014, Nonparty G established the Defendant Company and started to operate the instant factory.
On September 29, 2014, with respect to the building of 214 square meters and above-ground factories among the instant land, a lease contract was concluded between H Co., Ltd. and the lessee as the Plaintiff, and the lease contract was concluded between September 29, 2014 and September 28, 2016, setting the period of existence as the lessee’s KRW 10,000,000 and the lease contract was concluded.
The term "the lease contract of this case" is referred to as "the lease contract of this case".
(ii) [based on recognition] unsatisfy, Gap evidence 1 to 7, and Eul evidence 1 to 6 (if any, including each number); the purport of the whole pleadings;
2. The Plaintiff’s assertion that the instant transfer/acquisition agreement concluded with the Plaintiff was reversed, and the Defendant occupied and used without permission more than 214 square meters, which is the leased area under the instant lease contract, among the instant land, and thus, the Defendant made unjust enrichment. Therefore, the Plaintiff’s assertion that there is a duty to return unjust enrichment for the excessive area.
3. The following circumstances, which are acknowledged based on the facts of the above recognition and the evidence as seen earlier, are: (i) according to the content of the agreement at the time of the acquisition of the transfer agreement of this case, the list of assets subject to transfer, 1,638 square meters of the factory site and 200 square meters of the building permit for the factory site and 150 square meters of the unbuilt portion; and (ii) relation to the operation of the factory of this case on October 14, 2014 by the Plaintiff, Nonparty G, I and J.