부당이득금
1. Of the judgment of the court of first instance, the part against the defendant ordering payment in excess of the following payment amount:
1. Basic facts
A. On August 30, 201, the Plaintiff concluded a lease agreement to lease KRW 70 million, monthly rent of KRW 120,000,000 for KRW 1,200,000 for each month, monthly management fees of KRW 300,000 for each month, and the lease period from August 30, 201 to August 29, 201 for the first floor of building E located in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant real estate”).
B. On March 5, 2013, C and D sold the instant real estate to the Defendant, and succeeded to a lessor status under a lease agreement with the Plaintiff. In order to settle rent, etc. in the process of succession, C and D received KRW 16,500,000 from the Plaintiff as store rent and management fee (including water rate) for the instant real estate from August 30, 2012 to August 29, 2013.
C. After that, on September 13, 2013, the Defendant newly concluded a renewed lease agreement with the Plaintiff from September 13, 2013 to August 29, 2014, with the deposit amounting to KRW 76.3 million, monthly renting KRW 1,308,00 (Additional Tax Map), management expenses KRW 400,000 per month (Additional Tax Map), and the lease period from August 30, 2013 to August 29, 2014.
On July 14, 2014, the Defendant: (a) sent to the Plaintiff a certificate of content that the Plaintiff wishes to renew the lease agreement for the instant real estate; (b) “Until August 30, 2014 through August 29, 2015, the deposit was increased by 9% compared to the existing contract period; (c) increased by 83,167,00 won; and (d) monthly rent by 9% higher than the existing one; and (e) concluded a re-contract by increasing the monthly rent of KRW 1,425,70 (Additional Table), thereby making a deposit increase by 6,867,00 won on the date of concluding the contract; and (c) the Plaintiff agreed to renew the said condition with the consent of the Plaintiff, but did not prepare a new renewal contract.
E. The Defendant continued to possess the instant real estate without preparing a new renewal contract, and requested the Plaintiff to pay the increased rent, but the Plaintiff did not comply therewith, and the Defendant notified the Plaintiff of its intention to terminate the lease contract if it did not pay the increased unpaid rent on February 17, 2015.