(영문) 전주지방법원 2017.02.02 2016가단6837

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(영문) 전주지방법원 2017.02.02 2016가단6837

부당이득금반환 등

Text

1. Defendant (Appointed Party) and Appointed C are jointly and severally liable to the Plaintiff.

A. KRW 10,900,000 and its related thereto on August 29, 2014

Reasons

1. Basic facts

A. The Appointer completed the registration of ownership transfer on May 4, 2015 with respect to the detached houses of 1,184 square meters and the single-story houses and the second-class neighborhood living facilities and amusement facilities (hereinafter “instant real estate”). The Defendant has been actually managing the instant building with her husband (a total of two persons).

E has leased and operated the instant real estate from around 2009 to the Defendant, etc.

On April 16, 2012, the Plaintiff entered into a lease agreement for the instant real estate (hereinafter “first contract”) with the Defendant, etc. on condition that he/she carries on the business with E, and the main contents are as follows:

2. Five years from March 30, 2009 to March 30, 2014;

3. The current facility for facilities premium for facilities shall be transferred to B (the plaintiff and E) and 90,000,000 won for facilities premium for facilities within the contract period, and where the contract period expires, it shall not be recognized for facilities premium for facilities premium for which the contract period expires, and all the facilities and the house for which the contract expires shall be returned to A.

5. The rent shall be the 1,700,000 won 11. Other 1.30,000 won per month due to the subsequent payment.

2. The present contract shall be prepared in the year 2009 and three years have passed since it was made in the year 2009, and the two-year extension contract shall be made in the year 2009 to 2014.

(3) This contract shall be subject to E and the same business.

C. On March 24, 2014, the Plaintiff, Defendant, etc. concluded a re-contract (hereinafter “second-contract”) and the main contents are as follows:

(However, the deposit under Article 5 was not exchanged between the Plaintiff and the Defendant, etc.). 2. 1 year from March 24, 2014 to March 23, 2015

3. The current facility for facilities premium for facilities shall be transferred to B (Plaintiffs, etc.) after being installed A (Defendants, etc.), and it shall not be recognized, and when the contract is terminated, all of the above facilities and equipment shall be returned to A.

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