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(영문) 서울동부지방법원 2019.01.25 2017가단144360
건물사용료및부당이득금등반환청구의소
Text

1. The Plaintiff, Defendant B, and Defendant C, as to KRW 11,650,00,00 for each of the said money, and each of the said money from January 9, 2018 to January 2019.

Reasons

1. Facts of recognition;

A. 1 Construction of the instant building) The Plaintiff and Defendant B, on March 28, 2007, shall be the land of approximately 86.1 square meters in Nam-gu Incheon Metropolitan City (hereinafter “instant land”).

(2) The Plaintiff and Defendant B acquired each share of 1/2 through a voluntary auction procedure of real estate E. The Plaintiff and Defendant B, after removing the building on the above land, newly constructed the third floor detached houses and neighborhood living facilities (hereinafter “instant building”) on the ground, and completed the registration of initial ownership on November 6, 2008, respectively.

B. After November 1, 2008 to December 31, 2011, Defendant B independently used the first floor of the instant building from November 1, 201 to October 30, 201, and leased KRW 5,000,000, monthly rent of KRW 400,000 to G Co., Ltd. from October 31, 201 to October 30, 201. From October 31, 2012, the Plaintiff leased KRW 2,00,000, monthly rent of KRW 40,000, KRW 400,000 to 00. From October 31, 2012, the Plaintiff directly collected KRW 20,00,000, monthly rent of KRW 0 to 00,000, KRW 200,000 from September 20 to 30, 2016.

The Plaintiff received KRW 5,00,000,000 out of the deposit amount of KRW 10,000 for the second floor of the instant building. From July 2015, the Plaintiff directly received KRW 125,000, which is one half of the monthly rent from the lessee.

3. As to the third floor of the instant building, Defendant B leased KRW 50,000 to J from April 17, 2009 to April 16, 2013, Defendant B leased KRW 45,000,000 to K from May 5, 2013 to March 21, 2014, and leased KRW 45,00,000 to L from March 22, 2014.

(c) the name of the defendant C.

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