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(영문) 서울동부지방법원 2020.08.27 2020가단105310

부당이득금

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. For the purpose of operating a licensed real estate agent office, the Plaintiff entered into a premium agreement with the Defendant, who is the owner of the instant store, to take over all of the facilities and the book of goods of the instant store, as KRW 35,000,000, which had been operating a licensed real estate agent office (hereinafter “instant store”). On the same day, the Plaintiff entered into a lease agreement with the former lessee, stating that the instant store will be leased from March 22, 2019 to March 21, 2020 (hereinafter “instant lease agreement”).

B. Under the instant lease agreement, the Plaintiff paid to the Defendant KRW 50 million on March 22, 2019, and KRW 10,240,000,000 for the monthly rent for four months from March 22, 2019 to June 2, 2019, and did not pay the monthly rent from July 22, 2019.

C. From October 1, 2019 to December 16, 2019, the Plaintiff reported the suspension of business, and on March 21, 2020, delivered the instant store to the Defendant as the instant lease term expires.

On April 7, 2020, the Defendant, while the instant lawsuit was in progress, returned to the Plaintiff the remainder after deducting the sum of KRW 29,409,672,328 (=50,000,000 - 29,409,409,000 for the unpaid monthly rent and overdue interest, KRW 3,300,00 for the restoration of the original state, KRW 598,387 for the month during the restoration period (7 days), and KRW 615,752 for the maintenance expenses, and KRW 29,409,328 for the maintenance expenses (7 days) and KRW 21,200 for the long-term repair appropriations.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 8, 9, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion is that the commercial building including the store of this case (hereinafter "the commercial building of this case") has no management body and manager, and it does not manage the objects of management.