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(영문) 수원지방법원 안양지원 2018.11.22 2018가단100425
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A. Around January 2009, the Plaintiff entered into a lease agreement with the Defendant and the Plaintiff with respect to the second floor D, E, and F of the C building owned by the Plaintiff at KRW 10,000,000, monthly rent of KRW 1,200,000.

(hereinafter “instant lease agreement”). B.

On December 12, 2014, the Plaintiff and the Defendant concluded a lease agreement of KRW 10,000 for the above building G, H, I, J, K, K, L, M, N, N, andO, and monthly rent of KRW 1,00,00.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 9, Eul evidence 1 to 7 (including each number), witness P's testimony and the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion that the Plaintiff concluded each of the instant lease agreements by deceiving the Plaintiff even though the Defendant did not have an intention to pay the deposit or monthly rent to the Plaintiff, and that the Plaintiff was obligated to return unjust enrichment equivalent to the monthly rent as the Defendant illegally occupied the instant building from January 2009 to January 2015.

B. The following circumstances, which are acknowledged based on each of the above recognition grounds, i.e., the witness P who introduced the Defendant to the Plaintiff as a lessee: ① the instant lease agreement was normally concluded; ② the Plaintiff and the Defendant stated that the Plaintiff was not deceiving the Plaintiff; ② even on December 12, 2014 after the instant lease agreement, the Plaintiff and the Defendant concluded a lease agreement with the Plaintiff to KRW 10,000,000, monthly rent of KRW 1,000, monthly rent of KRW 1,000, and KRW 3,000, monthly rent of KRW 1,000,000; according to the evidence No. 1, the Defendant transferred the amount of KRW 1,00,00 from the deposit account used by the Defendant to P.

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