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(영문) 수원지방법원 평택지원 2018.08.08 2016가합10669

유익비

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of the lawsuit include the part resulting from the supplementary participation.

Reasons

Basic Facts

On June 22, 2015, the Plaintiffs concluded a lease agreement with the Defendant, setting the lease deposit amount of KRW 300 million from July 10, 2015 to July 9, 2018 (value-added tax separate, KRW 16 million per month, and KRW 11 million (hereinafter “instant lease agreement”) with respect to the soup building as set forth in the attached list (hereinafter “instant building”) (hereinafter “instant lease agreement”) under the name of Plaintiff A, B, and Defendant on June 22, 2015, the lease agreement was signed between the Plaintiffs and the Defendant, but both the Plaintiffs and the Defendant did not dispute as to the fact that they were lessee.

The matters related to this case among the matters stipulated in a special agreement are as follows:

Matters of special agreement

1. The monthly rent shall be paid in advance at all times for one month;

However, the period during which a lessee performs a construction work by July 10, 2015 after the preparation of the above lease contract shall be excluded, but the monthly rent shall be paid in advance by the 11th day of the same month.

3. If a lessee repairs an object leased under the current condition of a facility, he/she may not thereafter demand the lessor for useful expenses and repair expenses on any pretext;

7. Where a lessor transfers the leased object during the lease period, he/she shall indemnify the lessee by applying the depreciation rate (which shall not exceed 36 months for the first construction work and shall not apply to the subsequent construction works) of the relevant construction costs until the termination date of the lease;

10. If a lessee fails to pay a monthly rent for at least one month, the lessor may terminate the relevant lease contract;

In such cases, the lessee cannot claim the lessor to return the premium, beneficial cost, all construction costs, etc.

The Plaintiffs did not pay to the Defendant any rent stipulated in the instant lease agreement.

On June 21, 2016, the Defendant filed a lawsuit against the Plaintiffs for unjust enrichment on the instant building and on June 21, 2016 at this court.