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(영문) 서울동부지방법원 2015.08.25 2013가단121178
부당이득금
Text

1. The Defendant amounting to KRW 10 million to the Plaintiff and the Plaintiff’s annual rate from May 30, 2013 to August 25, 2015.

Reasons

1. Facts of recognition [the grounds for recognition: Facts without dispute, Gap evidence 1 through 6, Gap evidence 12, Eul evidence 3, Eul evidence 6 through 11, Eul evidence 18 through 20, the purport of the whole pleadings and arguments];

A. The Plaintiff and the Defendant purchased and reconstructed the land and the building on its ground, and made profits therefrom, and made profits therefrom. The ratio of sharing profits and losses was 1:1.2) According to the above business agreement, the Plaintiff’s agent C (the Plaintiff’s mother), the Defendant’s agent D (the Defendant’s wife) as indicated in the separate sheet between E and E on June 17, 2008 (hereinafter “instant land”) and the sales price was KRW 945 million (the down payment of KRW 95 million, the intermediate payment of KRW 200 million on July 17, 2008, the intermediate payment of KRW 200 million on July 30, 2008, and the remainder of KRW 500 million on August 14, 2008).

3) In order to pay the above purchase price, the Plaintiff and the Defendant obtained a loan of KRW 395 million from the Gold Saemaeul Community Fund on August 12, 2008 with the instant land and buildings on its ground as joint collateral (hereinafter “instant loan”).

4) Since then, the Plaintiff and the Defendant removed the building on the ground of this case, constructed two real estate listed in the separate sheet (hereinafter “instant building”) and completed the registration of preservation of ownership of Plaintiff 1/2 shares and Defendant 1/2 shares on the instant building on April 15, 2009.

B. The Plaintiff and the Defendant leased the instant building as follows: (a) KRW 1201 F. 101 on April 30, 2009, KRW 2202, G, April 27, 2009, KRW 3301, KRW 302, KRW 4302,000,000 on April 1, 2009, KRW 3301,000,000, KRW 4302,000 on April 14, 2009; and (b) KRW 15,00,000 on April 14, 2009, KRW 2) the Plaintiff and the Defendant leased the instant building as follows; and (c) the Defendant concluded a contract to convert the deposit to KRW 302,100,000 on May 31, 201 and J and as KRW 3020,00 on July 19, 2011.

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