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(영문) 서울서부지방법원 2016.01.15 2014가단40391
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 9, 2011, the Defendant inherited 1/2 shares of C as to real estate listed in the attached list with D, and completed the registration of transfer on each one-fourth share on August 9, 201.

On the other hand, the Plaintiff purchased the remainder of 1/2 shares from E on November 23, 2012, and completed the registration of ownership transfer on January 16, 2013, the real estate was jointly owned by the Plaintiff (1/2), Defendant (1/4), and D (1/4) from that time.

On the other hand, the defendant received a comprehensive delegation from D as to the exercise of the right to share.

B. The lease agreement on the branch floor among the real estate listed in the attached list (hereinafter “the ground floor of this case”) is as follows.

(1) On October 6, 201, the lessor and the lessee F (G) entered into a lease agreement with the Defendant and the lessee, setting the lease agreement as 20 million won for the lease deposit, 1 million won for the monthly rent (prepaid on November 1, 201), and 24 months for the period from November 1, 201 to October 31, 2013 (hereinafter “the first lease agreement on the instant sub-story”).

The special terms and conditions of the first lease contract of the land of this case include 2.5 million won (including value-added tax) per day of each month to the Defendant head of the Tong, and 2.5 million won per premium, and 5 million won per 2.5 million won per month to the Defendant passbook.

(4) The statement is written as follows.

(A) On October 8, 2013, the lessor and the lessee entered into a lease agreement (hereinafter “the second lease agreement of this case”) with the period from November 1, 2013 to October 31, 2015, by setting the lease deposit of KRW 10 million, KRW 2.5 million, monthly rent of KRW 2.5 million, and the period from November 1, 2013 to October 31, 2015.

The special terms and conditions of the second lease contract of the land of this case are contracts without any defect in the register, and the lessor shall maintain the current status of the register before the remainder payment is made, and the lessee may cancel the contract if any defect or change occurs in the register. The rent, facility cost, and total amount of management expenses shall be deposited into the bank account of the B bank account.

The rent per actual month shall be one million won, and it shall be total of 1,500,000 won for management expenses.

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