부당이득금
1. The Defendant (Counterclaim Plaintiff) paid KRW 64,872,298 to the Plaintiff (Counterclaim Defendant) and KRW 13,042,208 among them. < Amended by Presidential Decree No. 24280, Oct. 1, 2013>
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On June 9, 2008, the Plaintiff acquired the sectional ownership by completing the registration of transfer of ownership on the first floor of 132 (12.15 square meters), and 133 square meters (26.78 square meters) of the 6th underground floor and the 12th floor aggregate building (hereinafter “instant aggregate building”) located outside Busan Northern-gu, Busan, and 3 lots.
(The sum of the above two rooms is hereinafter referred to as "each of the stores of this case"). (b)
Since April 26, 2008, the aggregate building of this case was used as C shopping mall, but its business was poor.
Therefore, in order to revitalize the business district, the sectional owners promoted the Defendant's Divers shop occupants under the direction of Jung-ok, Co., Ltd. (hereinafter "Geo-ok"), which has both the executor and the largest share, and on December 2, 2009, a letter of understanding on the lease contract of some floors among the instant condominium buildings was concluded between Jung-ok and the Defendant.
C. On March 9, 2010, the Plaintiff confirmed on March 9, 2010 that with respect to the lease of the instant aggregate building, “I will appoint a person as an agent and a negotiating representative to delegate the following matters and will not raise any objection against the matters agreed to by the mandatory; and
1. All authority to conclude a lease agreement - the authority to determine the terms and conditions of the lease agreement (the contract period, deposit, and rent);
2. Executing common expenses (payment of expenses for management, such as public charges and service charges, and expenses for settlement and clarification thereof) from the deposit to be received by the principal, if necessary, in the course of leasing the detailed procedures for and methods of collecting the deposit and rent;
3. Authority to issue tax invoices necessary for the receipt of rents, to appoint tax accountants to act on behalf of various tax offices, and to collect the tax amount to be paid at the tax offices;
4. A written consent in which a lessee's guarantee of autonomy in the structure of a type of business within the leased object is stated (hereinafter referred to as "written consent in this case");
Around that time, the written consent was drawn up, and the written consent was given to YO.