부당이득금
1. The Defendant: (a) against Plaintiff A and B each of the KRW 1,897,50, Plaintiff C, D, E, and F, respectively; and (b) against each of the said KRW 1,423,125 and each of the said money. < Amended by Act No. 14830, Jul. 2
1. Facts of recognition;
A. In around 2010, the Defendant leased KRW 101 and 102 of the Geumcheon-gu Seoul Metropolitan Government H ground buildings (hereinafter “instant store”) from G Co., Ltd. (hereinafter “G”) by KRW 1.55 billion (a lease deposit was increased by KRW 1.65 billion under a lease modification agreement concluded on November 22, 2013), and the term of lease was set up on November 10, 2016, and leased the instant store by November 10, 2016. From that time, the Defendant is carrying on financial business at the instant store.
B. From July 10, 2015, Plaintiff A and B among the above buildings purchased each of 4/20 shares, Plaintiff C, D, E, and F respectively, and completed the registration of ownership transfer by purchasing each of 3/20 shares.
C. After that, on July 28, 2015, the Plaintiffs changed a lessor into the Plaintiffs with respect to the instant store, and concluded a lease contract with the same content as the lease alteration agreement entered into between the Defendant and G (hereinafter “instant lease agreement”).
On June 24, 2016, the Plaintiffs agreed with the Defendant to enter into a lease agreement with a new lessee on the following grounds: “The Plaintiffs did not intend to renew the instant lease agreement, but if the Defendant wishes, it is possible to enter into a contract on the condition that deposit KRW 300 million is KRW 12 million per month, monthly rent (excluding value-added tax) and no later than November 10, 2018,” and “ August 2, 2016,” and the Defendant agreed to enter into a lease agreement with a new lessee on the grounds that the Defendant did not intend to extend the lease agreement. If the Defendant delayed the return of the instant store, the Plaintiffs sent a content-certified mail containing each content, and each content-certified mail sent to the Defendant at the time of delivery.
E. Meanwhile, on August 10, 2016, the Defendant sought to enter into a contract with the Plaintiff on the grounds that the period of the instant lease agreement was extended by not later than the end of February 2017, providing KRW 7,024,218 per month after the end of February, 201, and the place to move on October 29, 2016.