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(영문) 서울고등법원 2017.03.23 2016나2048325
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter referred to as D) constructed a N Underground Building (hereinafter referred to as “instant commercial building”) composed of 550 stores in the section 725m of underground connecting 725m from the subway line F lines of 8 to G Station of 10 parcel of land, Dong-gu, Sungnam-si, 1995 on the condition that it will be donated to Sungnam-si, after free use for 20 years.

B. On September 10, 1998, D entered into a loan agreement for use of the instant commercial building between Sungnam-si and Sungnam-si on May 17, 199 to use the instant commercial building for twenty (20) years until August 31, 2015.

C. From among the instant stores, Defendant B operated precious metal shopping malls Nos. 14 and 15 (hereinafter the instant store), Defendant B was directly managing the instant store that entered into a lease agreement with D.

On March 14, 2014, the Plaintiff entered into a lease lease agreement with Defendant C, a real estate broker, to acquire the lease right of the instant store in KRW 160,00,000 (hereinafter “the lease lease agreement”). On the same day, the Plaintiff entered into a lease lease agreement with D on the instant store.

E. Sungnam-si notified that the period of free use of the instant commercial building expires on August 31, 2015, including March 2, 2015, April 14, 2015, and May 15, 2015, on three occasions in D, and requested the Sungnam Urban Development Corporation, a trustee of the instant commercial building, to cooperate in managing and operating the instant commercial building from September 1, 2015.

On the other hand, on June 8, 2015, as the period of free use of the instant commercial building expires on August 31, 2015, the Sungnam Urban Development Corporation publicly announced that the Sungnam Urban Development Corporation will take over the instant commercial building and be directly managed and operated. On June 10, 2015, including the instant store, the requirements for the application for lease, the methods of selecting lessees, and the schedule for promoting the lease contract for the stores of the instant commercial building, including the instant store.

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