beta
(영문) 서울중앙지방법원 2019.05.17 2018가합540402

부당이득금 채무부존재 확인 등

Text

1. The Plaintiff’s unjust enrichment after November 1, 2014 on a sectioned building listed in the attached list 1 against Defendant B.

Reasons

1. Basic facts

A. Relevant plaintiffs (the first trade name was "D," but it was changed to "stock company E" on June 30, 2006, and as of September 2, 201, respectively) are companies that open and operate a superstore on the second or fifth floor underground among the buildings on the second or fifth floor of the Seoul Special Metropolitan City F and three lots of ground G (hereinafter "the instant condominium buildings") in accordance with the Distribution Industry Development Act, and Defendant B is each owner of the sectional section listed in the attached Table 1 (hereinafter "the first sectional store") among the instant condominium buildings, and Defendant C is the owner of the sectional section listed in the attached Table 2 (hereinafter "the second sectional store") among the instant condominium buildings.

B. Terms and conditions of a lease agreement between the Plaintiff and the Defendants 1) On June 30, 2006, the Plaintiff concluded a lease agreement between H and the first owner of the instant aggregate building (the first owner of the instant aggregate building) to lease the entire 565 unit units on the 5th five floors above the ground of the instant aggregate building among the instant aggregate buildings (hereinafter “lease agreement dated June 30, 2006”).

The contents relating to the claim of this case in the lease agreement dated June 30, 2006 are as follows. Article 4 (Period of Lease Agreement)

1. The term of the lease contract shall be two years from the starting date of business of “B (referring to the Plaintiff; hereinafter the same shall apply)”

Article 10 (Use of Objects)

3. “B” should be restored to its original state at the expense of “B” when ordering the subject matter after the termination of the contract.

When “B” fails to implement the restoration to its original state, “A (referring to H; hereinafter the same shall apply)” or the buyer (referring to the Defendant; hereinafter the same shall apply) may repair the goods in subrogation of “B” and claim the expenses incurred therein against “B.”

Article 14 (Management)

2. “B” shall bear management expenses incurred from the date of commencing the business.

3. “B” means the expenses referred to in paragraph 2, even in cases where an object is not used during the term of lease or the occupant is not located within the term of lease.