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(영문) 서울서부지방법원 2015.12.18 2014가단252835
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On August 28, 2008, the Plaintiff concluded a contract with Defendant Company B and the Eunpyeong-gu Seoul Metropolitan Government on the purchase price of the 16th and the 5th underground floor sales facilities and the 2nd underground floor C103 store (hereinafter the instant store) of the 2nd underground floor C103 store (including value-added tax) for the purchase price of KRW 91,305,00 (including the instant sales contract) and completed the registration of ownership transfer on July 23, 2009.

B. The instant building was newly constructed on or around August 17, 2005 and the registration of ownership preservation was completed. On or around April 3, 2008, Defendant B divided the instant building into 480 units of 1 (sales facilities, exclusive use area of 3691.20 square meters) underground floor of the instant building into 480 units (exclusive use area of 2307.42 square meters, and 1383.78 square meters) and completed registration.

The store of this case sold by the Plaintiff is 3.96 square meters in its exclusive use area and 11.74 square meters in its common use area as one of the rooms divided at the time.

C. At the time of entering into the instant sales contract, Defendant B Co., Ltd. prepared a written consent to guarantee payment of earnings with the following content and provided it to the Plaintiff.

The contents of the written consent to guarantee of payment of profits: (State) the content of guarantee of revenues for the subject items: the period of guarantee of 10% annual revenues (including revenues paid from F per annum 7,877,000 won/ monthly 656,417 won): the fixed amount of revenues for two years from the date of completion of registration: the fixed amount of revenues shall be paid on the last day of each month from the month following the date of completion of registration.

Other: (1) The basic amount of profit security shall be the sale price - refund additional tax - F deposit.

(2) Rent to be paid by the FF in the name of the subject matter during the period of coverage shall be received by the contractor, and shall be guaranteed by the State as profit from the amount of coverage and the payment of F earnings.

(3) The F deposit shall be refunded to F.D. upon completion of the term of lease.

The second underground floor of the building of this case is leased from the F of the Bank of Korea, and G department stores operate all of them as food centers.

Grounds for Recognition: Facts without dispute, A 1 through 4, A 10.

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