logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.07.07 2014가합13301
부당이득금 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant have been in a relationship of internal relations since 2014.

(1) On May 3, 2014, KRW 500,000,000,000 as evidence of the recipient of the transaction date and transaction amount, and KRW 500,000,000,000,000 won transfer from Nonparty G (Agricultural Co., Ltd. E) KRW 2,500,000,000,000 won in cash (Corporate BankF) KRW 2,400,000,000,000,000,000,000 won in total, KRW 5,000,000,000,000 won in total, KRW 1,000,000,000 won in cash (agricultural Co., Ltd. E) for KRW 2,500,000,000,000 in total, KRW 5,000,000 in the transfer from Nonparty 1, 2014.

B. On May 3, 2014, the Defendant entered into a lease contract with Nonparty C to lease the 2nd floor of the Seoul Special Metropolitan City Gwangjin-gu D Ground Housing (hereinafter “instant housing”) to KRW 150 million (hereinafter “instant deposit”). The Plaintiff paid all the instant deposit as follows.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 4, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the cause of the claim is selectively asserted as follows while claiming the Defendant for the deposit for the lease on a deposit basis of the instant lease.

1. The Plaintiff concluded a lease agreement with the Defendant regarding the instant house, and entered into a title trust agreement with the Defendant that the name of the person having chonsegwon agreed to the Defendant, and the Plaintiff asserted that the deposit for the instant lease was in title trust with the Defendant, but the money is naturally acquired by the person who occupies it, and thus, separate the nominal owner and the actual owner.

arrow