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Reasons
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(영문) 광주지방법원 2014.12.16 2014가단25271
부당이득금반환
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1. The Defendant shall pay to the Plaintiff KRW 4,191,094 and the interest rate of KRW 20% per annum from March 15, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. The Defendant leased each of the above commercial buildings as follows: (a) Nos. 212, 214, and 215 (Articles 212 and 214 were divided into the existing Nos. 206, and Nos. 215 and 207 was changed; (b) each of the above commercial buildings was referred to as “Nos. 212 through 215” and collectively referred to as “each of the commercial buildings of this case”) among the two residential facilities of the Seo-gu, Seo-gu, Gwangju, and Seo-gu, Gwangju, that he own.

1) Subparagraph 212: on October 21, 2013, deposit amounting to KRW 10 million, annual renting to KRW 5.5 million (pre-paid on November 5, 2013) and period fixed from November 5, 2013 to November 4, 2015) Subparagraph 214: on October 30, 2013, deposit amounting to KRW 10 million, monthly renting to KRW 50,000 (one fifth day of each month), and leaseing to KRW 214: from November 5, 2013 to April 14, 2015, each of the above lease leasing to KRW 130,000,000 (one hundred to three months before November 14, 2014), and each of the above lease leasing to KRW 130,500,000 (one to three months after December 14, 2013), respectively.

A person shall be appointed.

B. On December 19, 2013, the Defendant concluded a contract between the Plaintiff and H Licensed Real Estate Agent I to sell each of the instant commercial buildings to the Plaintiff with the following content (hereinafter “instant sales contract”).

The purchase price: KRW 520,000,000 for the down payment of KRW 50,000,000 for the intermediate payment of KRW 150,000 on the date of the contract, the intermediate payment of KRW 150,000 on January 27, 2014, and the balance of KRW 320,000,000 for the remainder payment of KRW 320,000 on February 28, 2014, the Defendant issued documents necessary for the registration of transfer of ownership to the Plaintiff at the

1. The current facility shall be sold and traded, the air conditioner and the electric part shall be separated by the seller from each other, and the seller shall be removed from each interior installation column;

2. The current creation of the right to collateral security shall be cancelled at the seller's responsibility until any balance is paid.

3. The present lease.

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