부당이득금
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. The costs of lawsuit shall be.
1. As to the principal lawsuit
A. On November 1, 2002, E (the death of March 14, 2008) with the Plaintiff’s spouse asserted, concluded a lease contract with the Defendant and paid the said lease deposit by setting the lease deposit amount of KRW 5,000,000, monthly rent of KRW 300,000, and the lease deposit amount of KRW 60 months from November 1, 2002, with the knowledge that the leased object was the F.314 square meters (0.7 square meters) owned by the Defendant from the Defendant.
E around 202, the building was newly built by including the leased object in the site.
around 2007, the defendant reduced the rent of the above lease to KRW 200,000 per month instead of being transferred the possession of a part of the above building.
The above lease contract was implicitly renewed on November 1, 2007.
After that, the Plaintiff became aware of the existence of the above household building in Seodaemun-gu Seoul Metropolitan Government, the State owned, not the above F site owned by the Defendant, on the land of 52.9 square meters or Seodaemun-gu Seoul Metropolitan Government, Seodaemun-gu, Seoul Metropolitan Government, the ownership of Seodaemun-gu, Seoul Metropolitan Government.
On May 10, 2013, the Plaintiff, as a sole heir of E, declared that the lease contract was revoked on the ground of the above mistake by service of content-certified mail (the service of the instant complaint on June 10, 2013).
Accordingly, the above lease contract was retroactively invalidated on November 1, 2007, which is an implied renewal date.
Therefore, the Defendant is obligated to pay the Plaintiff the lease deposit KRW 5,00,000, and the rent of KRW 12,800,000 paid from November 1, 2007 to the end of February 2013 (i.e., KRW 200,000 per month x 64 months x 64 months), total of KRW 17,80,000 (= KRW 5,000,000) and legal interest or delay damages thereon.
B. The judgment lease agreement is only when one of the parties agrees to allow the other party to use and benefit from the subject matter, and furthermore, it does not require the lessor to acquire ownership and other rights to dispose of the subject matter.
However, even if the lessor is not his own property, the lessor refers to the quantity of his own property.