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(영문) 부산지방법원 동부지원 2018.12.12 2017가단220586
부당이득금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant C completed the registration of ownership transfer on April 20, 2005 with respect to the position of the Defendants and the lease contract with D) Defendant C on September 12, 2014 with respect to the size of 238 square meters in Northern-gu, Busan. Defendant B completed the registration of ownership transfer on April 20, 205.

3) On January 29, 2004 with respect to the portion of 364/546, among the portion of 546 square meters owned by Defendant B, which is the husband of the Republic of Korea, C, F, and H, with respect to the portion of 152/546 square meters, and on May 24, 2016 with respect to the remainder of 30/546 square meters, H entered into a lease contract with Defendant C, F, and H on November 7, 2013, with respect to the above three parcels of land (hereinafter “instant land”), D had been operating the instant parking lot (hereinafter “the instant parking lot”) from around the time when the lease contract was concluded between Defendant C, F, and H to June 30, 2015.

B. (1) On May 11, 2015, before the above lease term expires, D entered into a lease agreement with the Plaintiff on the transfer of real estate rights (facilities) to the Plaintiff with the consent of the Defendants, a lessor, for the entire facilities and equipment necessary for the instant parking lot, for a premium of KRW 15 million. At that time, the Plaintiff received KRW 15 million from the Plaintiff on June 4, 2015. (2) On June 4, 2015, the Plaintiff entered into a lease agreement with the Defendants and H for a total of KRW 65 million and KRW 5,500,000,000 in the instant land, including the lease deposit amount, KRW 525,000,000 in the aggregate, and the period of lease from June 4, 2015 to June 3, 2017, respectively.

Defendant B and 5 million won of lease deposit, 500,000 won of the rent (after the end of each month), 10,000 won of the lease deposit, 10,050,000 won of the rent (30,000 won of the rent), 50,000 won of the lease deposit, and 3,70,000 won of the rent as of the end of each month.

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