부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 31, 2007, B Co., Ltd. (hereinafter “B”) entered into a lease agreement with C Co., Ltd. (hereinafter “C”) with respect to the TPP 06 store in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant store”) (hereinafter “instant lease agreement”) from 784,826,869 won, monthly rent 13,127,035 won, and the lease term from 1 June 2007 to 31 May 2008 (hereinafter “instant lease agreement”).
B. The instant lease agreement (hereinafter “lease agreement”) provides for the following matters with respect to the transfer of the right of lease, the transfer of the right of lease, and the change of the shareholder of a corporate lessee:
Article 15 (Prohibition of Transfer, Sub-lease, etc. of Rights) (1) The term "B (referring to B; hereinafter the same shall apply)" shall not transfer, resell, sub-lease (where the name of the contractor and the business registration certificate are different from that of the business registration certificate) or provide a third party with the whole or part of the store use right as security without the prior written approval of "A (referring to the name ofC; hereinafter the same shall apply)".
(3) “B” shall provide “A” with one copy of the business registration certificate prior to the commencement date of the leased store’s business, and “A” may terminate this contract where the business owner of the leased store changes its contents without the consent of “A”.
(4) In cases of a corporate entrepreneur in relation to paragraph (3), the notice to "A" shall be given in writing within two weeks after the representative is changed.
5. If any cause attributable to Section B(3) above occurs, “A” may terminate the contract unilaterally without a peremptory notice, and “B” shall pay to “A” the rent for four months for penalty for breach of contract.
Article 34 (Measures concerning Change of Status B) (2) In the event of a shareholder change, “B” shall obtain prior approval from “A”, and in the event of a violation, “A” may terminate the lease contract.
C. The representative E of B shall be on May 19, 2006 to the defendant (the former trade name before the change: Samyang Co., Ltd.).