beta
(영문) 서울중앙지방법원 2017.08.25 2017가단5063487

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 31, 2014, the Defendant concluded a lease deposit with respect to KRW 895,525,00 (hereinafter “the instant lease deposit”) of KRW 1,805,525,00 with respect to the fourth floor of Gangnam-gu Seoul Building 4, and KRW 3,402,18 square meters (hereinafter “the instant real estate”), between B and B, who is a lessee, until August 31, 2014, and the rent is KRW 63,717,00,00 per month from September 1, 2015 to August 31, 2016 (hereinafter “the instant lease deposit”) from October 31, 2015 to October 31, 2015; and the lease contract is deemed as KRW 66,265,00,000 until September 31, 2016 to October 10, 2015; and the management fee is from October 31, 2015.

At the time D and E affixed a seal on the lessee's lease contract as a joint guarantor.

B. On March 2016, a contract to change the said joint and several sureties under the instant lease agreement was prepared. The modified contract is written by the Plaintiff, D, and F as the lessee’s joint and several sureties, and the lessee and the joint and several sureties’s seal are affixed thereto.

C. B continued to pay the rent and management expenses stipulated in the instant lease agreement, and the Defendant, on September 2, 2016, notified that the total amount of the rent and management expenses in arrears should be deducted from the deposit amount to KRW 911,582,418, which is the expiration date of the lease term, and the real estate in this case should be clarified.

[Reasons for Recognition] Documents Nos. 1, 2, 6, 1, 2, and 3

2. The Plaintiff asserted that the Plaintiff jointly operated the instant real estate transaction business with B, etc., and the Plaintiff did not have concluded a lease agreement with the Defendant.

Nevertheless, it is unreasonable for the Defendant to deduct the portion equivalent to 10% of the Plaintiff’s share in the lease deposit as the overdue rent and management fee from the portion equivalent to the Plaintiff’s share.

Therefore, the Defendant is obligated to return the amount equivalent to 10% of the Plaintiff’s share out of the lease deposit of this case as unjust enrichment.

3. In the judgment lease agreement.