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(영문) 서울중앙지방법원 2020.05.25 2018가단5158153
부당이득금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is jointly employed.

Reasons

1. Basic facts

A. (1) On March 15, 2017, the Plaintiffs share 1/2 shares with Defendant and the Plaintiffs, the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Ground Living Facilities and Housing Building (hereinafter “instant building”) (hereinafter “instant building”).

2) Of the instant housing, the fourth floor is 102.48 square meters (hereinafter “instant housing”).

(2) As to the lease deposit, the term of lease shall be determined from May 1, 2017 to April 30, 2019 to the Defendant (hereinafter “instant lease agreement”).

(2) Around May 1, 2017, the Defendant paid the Plaintiffs the lease deposit amount of KRW 450 million, and received the instant housing, and obtained a fixed date in the lease agreement.

B. On September 8, 2017, the term of the instant lease agreement, the Plaintiffs sold the instant building to E and F (hereinafter “E, etc.”) and completed the registration of ownership transfer for each share of the Plaintiffs on November 16, 2017 to the said buyers.

C. 1) Upon finding out of the fact that the Plaintiffs sold the instant building, the Defendant sent to the Plaintiffs on October 17, 2017, a document verifying the purport that “the payment of KRW 10 million for damages and KRW 450 million for the termination of the instant lease contract,” which arrives at the Plaintiffs around October 18, 2017; and (2) around October 27, 2017, the Defendant sent the instant building to the Plaintiffs a provisional attachment of the leased deposit as the preserved right; and (3) on October 24, 2017, the Seoul Central District Court issued the instant court’s order from October 31, 2017 to October 24, 2017 to KRW 500,000,000,000,000,000,000,000 won and KRW 505,000,000,000,000,000,00 won for directors from October 31, 2017.

3) On November 3, 2017, the Plaintiffs: (a) divided the Defendant into KRW 5 million and KRW 50 million into KRW 5 million; and (b) the Plaintiff A transferred the amount to KRW 50 million.

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