beta
(영문) 서울중앙지방법원 2014.07.02 2013가합18528

부당이득금 반환

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 407,416,590 to the Plaintiff (Counterclaim Defendant) and its payment from March 6, 2014 to July 2, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a local public enterprise which owns unsold divided stores up to now after completing the new construction project of the commercial building in the name of "C" on the land outside Songpa-gu Seoul and outside 40 lots, completing four Dongs (a fashion pipe, field museum, ice museum, and tech museum) and selling each shop in lots. The Defendant is a company that operates the department store business in the name of "D" from the sectional owners, including the Plaintiff, of the above commercial building's fashion pipe and the first floor to the seventh floor, and the non-party E is an unincorporated association (hereinafter referred to as "non-party organization").

The plaintiff and the F (G), et al. 255 (hereinafter referred to as "A"), who are the sectional owners of the Cshion Center and the Young-gu Seoul Metropolitan Government House (1 to 7th, respectively), and the non-party organization (hereinafter referred to as "the representative of A") duly delegated with all rights concerning the lease contract by the tenant and the non-party organization (hereinafter referred to as "the representative of A") and the defendant (hereinafter referred to as "B") who has the domicile in Seocho-gu Seoul Metropolitan Government H, shall enter into a lease contract (hereinafter referred to as "this contract") with respect to the real estate as defined in Article 2 (hereinafter referred to as "the lease object"), as follows:

Specialized

1. A has delegated A’s all rights (including the settlement portion of security deposit and rent) to A’s agents, and A confirms that all agreements, including the terms and conditions of this contract with A’s agent, and the contents of the agreement and consultations with B are specifically known and directly effective to A.

2. The conclusion of this Agreement and all legal and factual issues with respect to this leased object shall be subject to consultation with Eul only through a representative of Gap, and the owner of each leased object (or a person with legitimate authority for lease) shall directly consult with Eul about all issues related to this Agreement (such as payment of security deposits, rent, etc.).