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(영문) 부산지방법원동부지원 2020.11.17 2019가단206058
부당이득금
Text

1. The defendant shall pay 81,950,000 won to the plaintiff and 12% per annum from September 16, 2020 to the day of complete payment.

Reasons

On February 19, 2013, the registration of ownership transfer was completed in the name of the original defendant on February 19, 2013 with respect to the portion of 1/2 of the first floor D of the building in Busan Shipping Daegu (hereinafter “instant store”).

Although each of the lease agreements regarding the instant store is written as a joint lessor, the Plaintiff asserted to the effect that the Defendant leased the instant store without the Plaintiff’s consent, and the Defendant also recognized the fact that the instant store was exclusively managed.

(The Defendant’s Answer on May 1, 2019). On May 1, 2019, the rent is as listed below, and the subsequent rent was received by the Defendant.

Since monthly rent 1: (a) from February 19, 2013 to April 21, 2015, KRW 200,000 to April 21, 2015; (b) from April 22, 2015 to April 21, 2018, KRW 300,000 to April 22, 2018; (c) from April 22, 2018 to April 21, 2019 to April 22, 2019 to April 22, 2019 to August 22, 202, 2020; (d) there is no dispute over the interest rate of KRW 1,30,00 in a commercial bank; (d) if the lessor’s rent or interest rate of KRW 1,30,00 is either an amount equivalent to the said rent or interest rate of KRW 5,000, without consent of all the co-owners; (d) if the lessor’s interest rate or interest rate of the rent is more than one year.

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