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(영문) 서울남부지방법원 2016.04.20 2015가단27136
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the plaintiff's assertion: The plaintiff was the small tenant who was unfairly distributed to the defendant in the auction procedure, but was not distributed in the auction procedure, and the defendant was paid the full amount, so the defendant must return the deposit amount of KRW 21 million to the plaintiff as unjust enrichment.

2. Judgment: The plaintiff's assertion cannot be accepted. ① The apartment of this case (Seoul Eunpyeong-gu B apartment 101 Dong 304) at the time of entering into the lease contract of this case was completed with the collective security and provisional seizure exceeding the market price (the appraised amount of KRW 38 million) and ② the apartment of this case appears to have been 20 square meters in exclusive use area of 73.02 square meters, and the room is three square meters, ③ the plaintiff entered into a lease contract which is not an ordinary lease at the time, ③ the plaintiff did not pay a monthly rent at all, ④ the deposit also was agreed to be the "21 million won" which is the small lessee, ⑤ the fact that the decision to commence voluntary auction was issued on July 4, 2013 (2 months from the date of entering into the lease contract of this case) and the fact that C, the owner of the apartment of this case, was still registered as the resident of this case, and C, the family members of this case "C"4.

(7) Even based on the Plaintiff’s assertion, even though the rate of 10 million won has not been refunded from the owner of the previous leased building (Seoul Mapo-gu D and 102), it is extremely unusual that the Plaintiff entered into a lease contract with respect to the apartment of this case and completed a move-in report with respect to the apartment of this case and resided in the apartment of this case only after the Plaintiff entered into the lease contract with respect to the apartment of this case ( further, 40 latter half of 40 that the Plaintiff was suffering from serious diseases (i.e., e., e., g., e., g., e., g., e., g.

8. The Plaintiff’s remaining family members completed the move-in report to the location of the instant apartment on November 28, 2013 in the process of the auction procedure, and the Plaintiff in light of the aforementioned circumstances.

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