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(영문) 부산지방법원 2016.11.15 2015가단51995
부당이득금반환
Text

1. As to the Defendant-Counterclaim Plaintiff:

A. The Plaintiff (Counterclaim Defendant) shall provide an appraisal in attached Form 1 of the real estate listed in the attached list.

Reasons

1. Basic facts

A. As of November 6, 2002, Defendant D’s husband and wife is Defendant C’s son’s son, and as of November 6, 2002, Defendant D’s registration of ownership transfer with respect to one-half of each of the 1/2 shares of Busan Jin-gu, Busan, where the instant building is located (hereinafter “instant site”) was completed.

B. On May 30, 201, May 30, 201, Plaintiff A1: (a) KRW 700,000 per month from May 30 to May 30, 2013; (b) Plaintiff B from March 12, 2013 to March 12, 2013; (c) Plaintiff B from March 12, 2013 to March 12, 2015; (d) Plaintiff A on October 8, 2013 to October 4, 2015; and (e) Plaintiff C’s joint restaurant on June 18, 2015; and (e) the Plaintiff C-1’s joint restaurant on June 18, 2015 to KRW 15 (e.g., the Plaintiff’s separate restaurant on June 17, 2015; and (e) the Plaintiff’s joint restaurant on June 17, 2015 to KRW 15 (E).

C. Plaintiff B did not pay to Defendant C a total of KRW 2.1 million for three months from July 1, 2015 to September 30, 2015.

After the closing of the argument in this case, the Plaintiffs asserted to the effect that, on September 7, 2015, Plaintiff B submitted the reference brief for reference on November 9, 2016, Plaintiff B paid KRW 400,000 to Defendant C in cash and KRW 300,000 from Plaintiff A’s account to Defendant D’s account on September 7, 2015. However, the aforementioned facts and evidence are as follows, which are acknowledged in full view of the overall purport of pleadings, namely, ① the rent payment date under the instant lease agreement was the 10th day of each month, and there is no special circumstance that the said Plaintiff would pay the rent in advance on September 2015 before the said rent payment date arrives, and ② the above reference document is attached to the said preparatory document.

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