부당이득금 반환청구의 소
1. The Plaintiff (Counterclaim Defendant) A is against the Defendant (Counterclaim Plaintiff).
(a) Facilities installed on each real estate listed in the separate sheet;
1. Basic facts
A. On July 17, 2017, Plaintiff A entered into a lease agreement with Plaintiff A (hereinafter “instant lease agreement”) with the period from August 16, 2017 to August 15, 2027, under which the Defendant entered into a lease agreement with Plaintiff A, setting the lease deposit amount of KRW 200,000,000, the rent of KRW 11,90,000 (excluding value-added tax), and the period from August 16, 2017 to August 15, 2027.
Plaintiff
A around that time paid a lease deposit to the Defendant, and after installing a human park facility on the instant real estate, A operated a kicon from August 10, 2017.
B. Meanwhile, between the Defendant and the Defendant on July 22, 2017, the Plaintiffs entered into a contract under which the Defendant provided the Plaintiffs with the purchase price of KRW 608,237,000 among the instant real estate (hereinafter “instant sales contract”) and paid the Defendant the down payment of KRW 60,823,70.
C. On November 20, 2017, Plaintiff A sent to the Defendant notice to the effect that “In the absence of any measure, the instant lease agreement will be automatically terminated.”
On December 18, 2017, the Defendant did not give any answer, and the Plaintiff A notified the Defendant of the termination of the instant lease contract and the sales contract on the same ground.
On January 24, 2018, the Defendant sent to the Plaintiffs a notice stating that “I shall not recognize any cause attributable to you assert, but shall accept the exercise of their right of rescission for prompt dispute resolution and indicate their intention of rescission of agreement.”
In addition, on January 30, 2018, the Defendant deposited KRW 60,823,700 equivalent to the down payment of the instant sales contract with the Plaintiffs as the principal deposit, while the Plaintiff as the principal deposit and deposited KRW 200,000,000 equivalent to the instant lease deposit with the Plaintiff as the consideration in return for the transfer of the instant real estate.
E. The plaintiff A shall remain thereafter.