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(영문) 부산지방법원 2017.09.15 2016가단27241
부당이득금
Text

Defendant: (a) KRW 19,585,105; and (b) KRW 3,489,134 to Plaintiff B; and (c) respectively, from October 15, 2016 to September 15, 2017.

Reasons

Facts of recognition

On October 25, 2011, the Defendant purchased a building listed in the separate sheet (hereinafter “instant building”) from D and completed the registration of ownership transfer on December 19, 201.

From the Defendant on July 19, 2012, ① On the 19, 2012, Plaintiff A determined the instant 4,500,700,000 won for lease deposit, monthly rent 9,90,000 (including value-added tax, monthly payment on the 30th day of each month), the rental agreement period from July 19, 2012 to February 28, 2016, and ② the Plaintiff B determined the 80,000,000,000 won for the instant 4,50 (including value-added tax, monthly payment on the 30th day of each month), the lease agreement period, and the lease agreement period from July 19, 2012 to February 28, 2016, each of the instant 200,000 won for the instant 1st and 2,300,000 won for the instant building (including value-added tax, monthly payment on the 30th day of each month).

The Plaintiffs paid management expenses (hereinafter “management expenses of this case”) to the Defendant in addition to the rent prescribed in the above monthly during the lease period, and from May 2014, the Defendant entrusted E.S. Co., Ltd. (hereinafter “S.”) with the management affairs, and thereafter deposited the management expenses into the account designated by the Nonparty Company.

However, on February 2016, the Defendant returned only the amount calculated by deducting a certain amount from the deposit to be returned to the Plaintiffs, and terminated the instant lease contract.

[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 5 (including branch numbers; hereinafter the same shall apply), and the plaintiff's assertion of the purport of the whole pleadings, the lease contract of this case did not have any opinion about the burden of the management expenses. Thus, among the management expenses of this case paid by the plaintiffs, the remaining management expenses not directly used by the plaintiffs, such as the cost of expenses not covered by the electricity and tap water, platform maintenance expenses, agency expenses for fire safety management, repair and maintenance expenses, and other management expenses.

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