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(영문) 대구지방법원 2015.05.13 2014가단46294

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 2005, the Plaintiff entered into a lease contract with the Defendant by setting the lease deposit amount of KRW 20 million, monthly rent of KRW 80,000,000, and the lease period of KRW 800,000,000 as of September 30, 2008.

(However, the date of preparation of a contract to succeed to the former lessee’s contract was entered into on September 5, 2003. While the Plaintiff continued to lease and use the instant building, the Plaintiff entered into a lease agreement with the Defendant by setting the lease term of KRW 30 million, monthly rent of KRW 2.5 million, and the lease term from July 1, 201 to June 30, 201.

B. From July 11, 2005 to September 30, 2014, the Plaintiff operated the restaurant business with the trade name “D” in the instant building.

C. On June 27, 2005, the Plaintiff prepared a letter with the Defendant setting forth the special performance items in addition to the above lease agreement (hereinafter “each letter of this case”), and authenticated it on July 4, 2005.

The main contents of them are as follows:

(1) All facilities at the maturity of a contract shall be restored to their original state and transferred to the owner of a building without any request for rights, such as premiums.

(2) Charges for compulsory performance of parking lots shall be borne by lessees.

(3) No lessor shall be responsible for the portion of a building without permission from the main bank.

In addition, the above lease agreement around July 201 includes the provision that the plaintiff bears the compulsory performance of the first floor parking lot due to the special agreement.

E. On October 2, 2014, the Plaintiff returned the instant building to the Defendant after restitution.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Gap evidence 3, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion concluded a franchise agreement of a restaurant to run in the building of this case after the conclusion of a lease agreement, and paid the down payment, deposit, and premium to the defendant.