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(영문) 수원지방법원 2019.04.03 2018가단506595
부당이득금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 18, 2009, Defendant C entered into a lease agreement with the Korea Land and Housing Corporation (Korea Housing Corporation prior to the merger), which was constructed and leased as a publicly constructed rental house, as the lessee of the unit D block (current apartment) F (exclusive floor area of 84.94m2; hereinafter the same shall apply) in Osan-si, Osan-si, the lease agreement was concluded from May 201 to May 31, 2013.

B. Defendant C entered into an agreement to transfer the status of lessee of the apartment of the instant apartment to Defendant B (so-called parcelling-out area) with respect to the apartment of this case (so-called “so-called parcelling-out area”).

After that, Defendant B transferred the status of tenant of the above apartment to the Plaintiff on or around April 2011, and received 43 million won in return for the transfer of the status of tenant of the above apartment.

(B) On May 20, 201, Defendant C provided the Plaintiff with a certificate of personal seal impression attached to the following: (a) on May 20, 2011, Defendant C provided the relevant documents necessary for the transfer of all rights to the apartment of the instant case (such as the transaction confirmation, receipt, delegation, sales contract, transfer statement, statement of waiver of rights, statement of waiver of rights, statement of performance, statement of identification, copy of identification card, etc.).

C. The Plaintiff paid a security deposit of KRW 55 million to Defendant C on behalf of the said Corporation. On May 20, 201, the Plaintiff occupied and resided in the said apartment around May 20, 201.

The apartment of this case was converted to sale after the ten-year rental period for the publicly constructed rental housing under the Special Act on Public Housing. However, the Defendant C renewed and concluded a rental contract every two years after the lease period of the apartment of this case (the renewal date shall be October 8, 2013; October 27, 2015; May 31, 2017). The Plaintiff paid the additional rental deposit on behalf of the Defendant C whenever the rental deposit is paid, and the first rental deposit is paid in lieu of the Defendant C.

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