부당이득금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and the purport of the appeal shall be the first instance.
A. The instant lease agreement includes the following:
Article 7 [Presumed Performance of Obligations and Compensation for Damages] If a lessor or lessee fails to perform any of the terms and conditions of this Agreement, the other party may notify in writing the person who has failed to perform his/her obligations and cancel the contract.
In such cases, the parties to the contract may respectively claim damages from the rescission of the contract to the other party, and the contract deposit shall be deemed as compensation for damages, unless otherwise agreed.
[Matters of Special Agreement]
3. A lessee shall decide to construct a building for his/her own business (the whole expenses incurred in constructing the building shall be paid by the lessee, and the name thereof shall be the name of the lessor after completion;
In addition, the lessee cannot assert all legal rights, including superficies, to the lessor with respect to the building, except that the cost of preservation registration and the cost of medical insurance/property/national pension increase should be borne by the lessor.
* In the event of the excavation of the land in question, the lessor will have to consult with each other.
B. The Plaintiff paid to the Defendants a down payment of KRW 20 million on April 15, 2019, the date of the contract, and KRW 80 million on May 7, 2019, respectively.
(c)
On May 20, 2019, the Plaintiff filed an application for a construction permit under the name of the Defendants with respect to the construction of the instant building on the instant land, and obtained a construction permit (the owner: the Defendants) from the head of Suwon-gu Office.
(d)
On June 5, 2019, the Defendants sent to the Plaintiff a certified mail stating that “The Plaintiff was unable to implement the instant lease agreement No. 3, May 31, 2019,” and that “a contract shall be rescinded pursuant to Article 7 of the instant lease agreement,” which reached the Plaintiff around that time.
E. The Defendants, on June 17, 2019, took advantage of KRW 100,000,000,000 among the lease deposit of KRW 100,000,000, pursuant to Article 7 of the instant lease agreement, and the Plaintiff is the Plaintiff.