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(영문) 광주지방법원 2018.05.30 2017가단519166
부당이득금
Text

1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and 5% per annum from June 13, 2017 to May 30, 2018.

Reasons

1. Facts of recognition;

A. (1) On June 4, 2017, the Plaintiff and the Defendant entered into a lease contract with respect to the Seo-gu Seoul metropolitan apartment D (hereinafter “instant real estate”) and paid KRW 2,00,000 to the Defendant the provisional contract amount.

Licensed Real Estate Agent E mediated a charter contract between the plaintiff and the defendant.

B. On June 13, 2017, the Plaintiff and the Defendant concluded the lease contract (the lease deposit amount of KRW 40 million, the lease deposit of KRW 40 million from July 13, 2017 to July 12, 2019, the contract deposit amount of KRW 40 million on the date of the contract, the intermediate payment of KRW 70 million on June 26, 2017, and the remainder of KRW 290,000 until July 13, 2017, and the Plaintiff paid KRW 38,00,000,000 as the remainder of the lease deposit of KRW 38,00,000.

Article 22(1) of the Civil Act provides that “The Plaintiff and the Defendant shall, upon the Plaintiff’s request, pay all intermediate payments and remainder by June 26, 2017 after amending the first contract on June 19, 2017.” The period of the lease is changed from June 26, 2017 to June 25, 2019, and the Plaintiff agreed to deliver the instant real estate on June 26, 2017, and the first contract was amended with the same content.

(hereinafter referred to as “amended contract”). (b)

On June 19, 2017, after the amendment of the contract, the Defendant first returned 2.5 million won out of the lease deposit to be returned to the previous tenants of the instant real estate at night on June 19, 2017, which was after the amendment of the contract, and the KRW 100 million was changed as the delivery date of the instant real estate because it was under the circumstances in which it was used. In order to guarantee the return of the lease deposit of KRW 100 million to the existing tenants, the Defendant prepared a notarial deed of promissory note or set up a security right to the F apartment under the name of the Defendant’s spouse.

In addition, when the defendant receives all remaining payments, he would leave the existing tenant's resident registration and terminate the registration of establishment of first priority right on the same day to the plaintiff on the same day.

Accordingly, the plaintiff and the defendant are real estate of this case.

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