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(영문) 대구지방법원 2014.07.24 2013가합6067

부당이득금반환

Text

1. The Defendant’s KRW 130,506,830 as well as the annual rate of KRW 5% from April 29, 2014 to July 24, 2014, and the following.

Reasons

1. Basic facts

A. On October 22, 2008, the Plaintiff: (a) leased each real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as KRW 100 million, KRW 20 million per month, and KRW 10 million per month; (b) from October 22, 2008 to October 31, 201; and (c) agreed on October 1, 2009 to order the instant real estate on January 1, 2009.

(hereinafter “instant lease agreement”). B.

On June 26, 2009, the Plaintiff and the Defendant drafted a protocol of conciliation prior to the filing of the lawsuit (hereinafter “instant protocol of conciliation”) containing the following provisions in the Daegu District Court 2009Hun-Ga194 Building Names, etc.

1. The respondent shall pay rent deposit KRW 100 million to the leased real estate indicated in the separate sheet owned by the applicant and KRW 20 million to the 10th day of each month, and the lease term shall be determined from October 22, 2008 to October 31, 201 by 36 months. At the expiration of the lease term, the respondent shall connect the attached Table 1. Map No. 1.2, 3, 4, 5, 6, and 1 of the land indicated in the separate sheet No. 462.812 square meters to the leased real estate listed in the separate sheet No. 462.812 square meters and each of the items in the (A) land No. 462.42.4 square meters in the annexed sheet No. 585.42, Feb. 2, 2008; 36.444, in sequence, each of the items related to the motor vehicle’s facilities related to the motor vehicle in the annexed sheet No. 1.

2. The respondent may remodel or alter the leased property with the consent of the applicant, but the leased property shall be restored to its original state at the expense of the respondent before the expiration of the lease term, and if the respondent does not restore it to its original state, the costs necessary for its restoration shall be deducted from the lease deposit.

3. The respondent shall not use leased real estate for any purpose other than the automobile sales company without the consent of the applicant.

4. The respondent shall indicate the attached Form 1, 2 among the leased real estate listed in the attached list.