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(영문) 서울중앙지방법원 2017.06.15 2016가단5204045
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. Basic facts

A. 401 of the fourth floor of the building E (hereinafter “instant building”) is co-owned by more than 20 persons, including Defendant D, who are used as a public announcement source of the room No. 31.

B. On March 12, 2015, the Plaintiff entered into a lump sum lease agreement with Defendant C on the said building with a deposit of KRW 30 million for the said building, monthly rent of KRW 6.2 million for the said building, the contract period, from March 12, 2015 to August 11, 2016 (hereinafter “instant lease agreement”), and paid the deposit money to the previous lessee of the said building on the same day in accordance with the terms and conditions stipulated in the said lease agreement that the Plaintiff would pay the deposit money to the previous lessee of the said building (hereinafter “instant lease agreement”).

On the same day, the Plaintiff prepared each real estate lease agreement in which Defendants C and D are respective lessors, separate from the lease agreement as above. The content of the lease agreement is same as the content of the lease agreement in this case except as Defendant C and D respectively.

C. On February 11, 2015, the Plaintiff entered into a contract with Defendant B, who is the former lessee of the instant building, to acquire real estate rights using all facilities and equipment of KRW 80 million in premium, KRW 401 in the transfer scope (hereinafter “instant premium contract”), KRW 8 million in the same day, and KRW 67,364,473 in the remainder on March 12, 2015 (excluding public charges, repair expenses, etc.) and paid to Nonparty F, who is the husband of the said Defendant, respectively.

[Recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s claimed premium consists of business premium, facility premium, and floor premium, among which, the instant premium contract, Defendant B invested in Defendant B’s business facilities (cass and fixtures) of the Institute of Public Notice (cass and fixtures) from 100 to 20 million won in the instant building, thereby deceiving the Plaintiff to have ownership.

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