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 appeal is the purport of the appeal.
1. Basic facts
A. On December 22, 201, C concluded a lease agreement with the F and five other co-owners of the commercial buildings, etc. D and E (hereinafter “F, etc.”) on the said commercial building (G; hereinafter “instant commercial building”) from July 31, 201 to December 22, 2021, upon setting the lease term as to the said commercial building (G; hereinafter “instant commercial building”) and its site from July 31, 2012 to December 22, 2021, C agreed that “the lessor may terminate the lease without the lessor’s consent if he/she fails to make a sub-lease for at least two years without the lessor’s consent, or sub-leases without the lessor’s consent.”
(hereinafter “instant lease agreement”). B.
C After establishing the Plaintiff Company with her husband H on August 6, 2012, after re-leting the instant commercial building under the name of the Plaintiff without F, etc.’s consent. On December 11, 2012, the Defendant: (a) on December 11, 2012, the Defendant: (b) determined the amount of KRW 2 years from the date of the sub-lease contract; (c) KRW 76 million; (d) monthly rent; (e) KRW 380,000 (excluding value-added tax); and (b) on September 1, 2014, the amount of KRW 40,000 (excluding value-added tax); (c) on September 1, 2014, the amount of KRW 1,100,000,000,000,000,000,000,0000,000,000 won (hereinafter “instant 2,000,000 won);
(hereinafter “each sub-lease of this case”). Since then, each sub-lease of this case has been implicitly renewed.
C. On May 8, 2015, F et al. filed with Seoul Central District Court 2015Kahap635 on May 8, 2015, the right to request the delivery of a building under the termination of the instant lease agreement with C as the preserved right, and with respect to the Defendant and other sub-lessees, the right to demand the removal of the building as the preserved right to demand the prohibition of the transfer of real estate possession to the relevant part of the store, etc., and filed an application for the provisional disposition