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(영문) 청주지방법원제천지원 2019.03.07 2018가합10251
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 17, 2011, the Defendant purchased an area of 913 square meters prior to Dacheon-si, and completed the registration of ownership transfer in the name of the Plaintiff, a son, on March 18, 2011.

After that, around July 2013, the land category was divided into 418 square meters before D in the above land, while the land category was changed, and the land was changed into C large 495 square meters (hereinafter “the land”).

B. On July 12, 2013, the Defendant newly constructed a building on the instant land (as Class I neighborhood living facilities of the size of the second floor, the first floor is composed of three partitions for commercial buildings, and the second floor is composed of one partitions for commercial buildings; hereinafter “instant building”) and completed registration of initial ownership in the Plaintiff’s name.

E On June 14, 2013, 200,000 won 40,000,000 won for the first floor on the first floor on June 7, 2014, KRW 800,000,000 for the leased object of contract deposit, G 1 column for the first floor on June 25, 2013, KRW 800,000,000 for 80,000,000 for 80,000,000 for the first floor on June 25, 2013, and 1 square column for the second floor on the second floor on the second floor on the 10,00,000 won for the first floor on the 19, July 19, 2013.

C. The Defendant, the father of the Plaintiff, concluded a lease contract on each shop of the instant building under the name of the Plaintiff as indicated in the following table, and received deposits and rents from each lessee.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s asserted lessee’s monthly rent of KRW 20,00,000, KRW 400,000 from June to December 2013, 2016 to KRW 20,000,000, KRW 800,000 from June to July 2014 to July 20, 2016 (total of KRW 20,000,000, KRW 20,000 from KRW 16,800,00, KRW 00, KRW 00, KRW 00, KRW 000, KRW 80,000 from June to April 20, 2017 (total of KRW 46, KRW 36,000, KRW 00, KRW 000, KRW 000, KRW 008, KRW 308,000, KRW 200, KRW 308,600, KRW 3008,2017.

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