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(영문) 서울북부지방법원 2016.11.17 2015가합25994
부당이득금
Text

1. For the plaintiffs:

A. Defendant C in collaboration with Defendant D, each of which is KRW 68,797,942, and its amount from September 8, 2016.

Reasons

1. Facts of recognition;

A. On July 18, 2008, E completed the registration of ownership transfer with respect to the real estate listed in the separate sheet (hereinafter “instant commercial building”). On the same day, E established the right to collateral security of KRW 1.612 billion with the maximum debt amount to the Gangseo-dong Agricultural Cooperative on the same day.

B. In order to operate the instant commercial building from April 10, 2009 to a sports center, Defendant D, in partnership with Defendant C, set the lease deposit of KRW 100 million, monthly rent of KRW 800,000,000 from May 1, 2009 to June 30, 201 (the extension by one year thereafter).

(hereinafter “instant lease agreement”). C.

On April 15, 2010 upon the application of the Gangwon Agricultural Cooperative, a mortgagee, filed a voluntary decision to commence the auction of the instant commercial building with the Seoul Northern District Court F on the same day (hereinafter “instant auction procedure”), and Defendant D filed a lien on the instant commercial building by asserting that on July 7, 2010, a claim of KRW 495,909,300, such as the construction cost, was claimed for the lease between E and E, with the auction court.

The Plaintiffs paid the sale price at the auction procedure of this case on March 27, 2013, and completed the registration of ownership transfer as to each of 1/3 of the commercial buildings of this case.

E. Defendant D closed the sports center that was continuously operated in the instant commercial building until February 1, 2014, but thereafter, Defendant D occupied the instant commercial building, and transferred the instant commercial building to the Plaintiffs on June 9, 2015 during the litigation proceeding described in the following Paragraph (f).

On the other hand, if there is no deposit, the rent of the commercial building of this case is 7,809,360 won per month from March 28, 2013 to March.

F. Plaintiff A filed a lawsuit against Defendant D, including Seoul Northern District Court 2013Gahap2553, but the appellate court (Seoul High Court 2014Na34234) of the said case (Seoul High Court 2014Na34234) rejected Defendant D’s lien claim on May 15, 2015, Defendant D transferred the instant commercial building to Plaintiff A, and March 28, 2013.

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