부당이득금
Plaintiff (Counterclaim Defendant) filed on May 9, 2020 with respect to KRW 3,193,714,839 with respect to Defendant (Counterclaim Plaintiff) and KRW 2,202,747,041 among them.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. 1) The Defendant constructed a history of C, on the ground outside D and 20 lots, up to 3 stories below ground, 18 stories above ground, total site area of 109,090 square meters, total building area of 99,236.57 square meters below ground (hereinafter “instant building”) and donated the part of the service facilities to the State.
2) On October 14, 2008, the Defendant obtained permission from the president of the Korea Railroad Facility Corporation to occupy and use 45,951.28 square meters among the 69,059.70 square meters of a historical site from the president of the Korea Railroad Facility Corporation for 30 years from September 3, 2008 to September 2, 2023, by attracting various sales facilities for the remaining parts except for the portion of the service facilities, and thereby gaining profit from the lease.
B. On June 22, 2006, the Plaintiff entered into a lease agreement between the Plaintiff and the Defendant (hereinafter “B”) with the Defendant, and concluded a lease agreement with the Defendant to lease all the facilities and all the ancillary facilities of the 4,5,6,7th and the 8th rooftop space of the instant building (hereinafter “water for lease”) for a period of 30 years from the date of commencing the Plaintiff’s business (hereinafter “the first lease agreement”). The contents related to the instant case are as follows (i.e., “A” refers to the Defendant; and “B” refers to all documents written between the Plaintiff and the Defendant; hereinafter the same is applicable to all documents written between the Plaintiff and the Defendant). In operating the object for lease under Article 2(2) of the Agreement on the Lease of Life-Fighting, ensuring that the object is transferred during the lease period or sub-lease period as provided for in Article 3:
Article 4 (Deposits for Lease) The total amount of deposit for lease of an object shall be KRW 7.5 billion when this contract is concluded.
However, in the event of a partial change in the contract area of 2,813, and .22 square (Article 1(2)), the amount of the final lease area shall be settled in proportion to the area of Article 1(2) except for the rent paid in advance.
2) (1) The total amount of the pre-paid rent out of the rent deposits under paragraph (1) shall be KRW 2.5 billion.
3) Prepaid rents shall be refunded even after maturity.