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(영문) 부산지방법원 2016.11.24 2016나46328
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 30, 2003, the Defendant leased 17 square meters from D for the first floor of the building indicated in the attached list (hereinafter “instant building”) from D to May 29, 2005, with the lease deposit of KRW 20 million, and from May 30, 2003 to May 29, 2005.

(hereinafter “instant lease agreement.” The Defendant received the instant building from D after paying the deposit in full, and completed the move-in report on May 13, 2004 and received the fixed date on May 26, 2005.

B. The defendant did not refund the lease deposit even after the expiration of the above lease term. As D did not refund the lease deposit, on June 3, 2005, the Changwon District Court 2005Kagla97 decided on May 30, 2003, the lease deposit was registered on May 13, 2004, the resident registration date was registered on May 13, 2004, the occupancy commencement date was decided on May 30, 2003, and May 26, 2005 at the request of the above court, and completed the registration of the lease (hereinafter referred to as the "registration of the lease of this case").

C. On January 20, 2006, according to the Defendant’s application for a compulsory auction of real estate, the procedure for compulsory auction of real estate (hereinafter “the first auction procedure”) was initiated regarding the building listed in the attached list. In the above auction procedure, F purchased the above building on June 5, 2007, and the Defendant received dividends of KRW 2661,876 as a small lessee. D. Accordingly, on November 8, 2011, the procedure for compulsory auction of real estate regarding the building listed in the attached list (the Changwon District Court H, I (Du), and hereinafter “second auction procedure”) was commenced. In the above auction procedure, the Plaintiff purchased the above building and paid the proceeds therefrom on April 25, 2013.

The purchase price of KRW 100 million - down payment of KRW 20 million - down payment of KRW 20 million shall be paid at the time of the contract.

- The balance of KRW 100 million shall be paid on December 10, 2013.

Matters of special agreement

2. Of the remainder, KRW 53 million has been made by the buyer on the said immovable.

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