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(영문) 의정부지방법원 2019.02.14 2018가단102522

부당이득금

Text

1. The Defendant’s KRW 100,500,821 as well as the Plaintiff’s annual rate of 5% from January 30, 2018 to February 14, 2019, and the following.

Reasons

1. Basic facts

A. The Plaintiff’s lease contract and termination 1) The Plaintiff is the owner of the second floor of the building 2nd floor of the brick slock slock slock slock slock slock slock slock slocks, Seoul Jung-gu, Seoul, and the owner of the building 145.30 square meters out of the second floor of the building 145.30

(2) The lease agreement that sets up a rent of KRW 5,500,000 (including value-added tax) per month is set as KRW 5,50,000 (including value-added tax) and that is leased to G and F on the second floor of the same building.

2) Each of the lease agreements was concluded by setting up KRW 2,200,000 (including value-added tax) monthly rents (hereinafter referred to as “instant lease agreement”) and inserting each of the above lease agreements into “the instant building.”

(2) On April 6, 2016, the Plaintiff notified E and G of the termination of each of the instant lease agreements on the grounds that the monthly rent of each of the instant lease agreements was delayed at least twice. However, the Plaintiff notified E and G of the termination of each of the relevant lease agreements on the grounds that the monthly rent of each of the instant lease agreements was delayed.

B. On July 8, 2016, the Defendant sublet the instant building to the Defendant, including lessee G, etc. without permission, concluded a sublet contract from G to sublet the part of the instant building from G, and from August 2, 2016, the sublet contract from E to sublet the part of the instant building without the Plaintiff’s consent. On August 2, 2016, the instant building was transferred to the Plaintiff, putting up a signboard with the trade name “H” on the part of the instant building, and then set up a entertainment room and the sublet, and set up a roof with the trade name “I” on the part of the instant building, and set up the massage on September 20, 2017.

C. On November 17, 2016, the Plaintiff filed a lawsuit against the Defendant for a request for the delivery of the instant building, and was sentenced to a favorable judgment on November 24, 2017 (Seoul Central District Court Decision 2016Da5273690), and the said judgment became final and conclusive due to the Defendant’s failure to file an appeal.

(hereinafter “Related Civil Procedure”). 【No dispute over the grounds for recognition】, A, Nos. 1, 2, and 4.