부당이득금
1. The judgment of the first instance, including the Plaintiff’s claim changed in the trial, shall be modified as follows:
Defendant J. .
1. Basic facts
A.O married with V on April 29, 1976 to U students, but V died on May 24, 1996 when there was no child between the above couple.
B. On August 22, 1964, theO completed the registration of ownership transfer under the name of theO with respect to the real estate indicated in the annexed real estate (hereinafter “the instant building”). On April 1, 199, theO entered into a lease agreement with the father W of the Defendant J with the content that the lease deposit amount of KRW 9 million for the first floor warehouse of the instant building is KRW 150,000,000 and the lease period of KRW 12 months. W operated the furniture in the leased object.
C. On November 1, 2005, theO entered into a lease agreement with X on the condition that the leased object is “YY before the land level of Dobong-gu Seoul PP,” setting the lease deposit amount of KRW 30 million, monthly rent of KRW 30 million, and the lease period of KRW 12 months, and X operated “YY” from the leased object.
C On March 16, 2010, between Defendant J and the Defendant J entered into a lease agreement (hereinafter “instant lease agreement”) with regard to the instant building as follows:
The object of a lease: The lease period of KRW 9,00,00 for one story 495 square meters (150 square meters), 2 stories (150 square meters): The lease period of KRW 1,50,000 for monthly rent: From March 16, 2010 to March 16, 2028 (Article 2) shall not change the use, structure, etc. of the above real estate, or sub-lease, transfer of the right of lease, or offer the security, and use it for any purpose other than the purpose of the lease without the consent of the lessor. < Amended by Presidential Decree No. 22134, Mar. 16, 2010>
section 3. If the lessee has failed to pay the rent more than two times or has violated section 3, the lessor may terminate the present contract.
(Article 4). (e)
As of May 7, 2012, Defendant K set the remainder of the building in this case, excluding the parts used by X in the car maintenance shop operated by X, as of May 7, 2012, as of KRW 20 million, monthly rent of KRW 3.5 million, and the lease term from May 25, 2012 to May 15, 2014.