(영문) 서울중앙지방법원 2019.04.04 2018가단5121564

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(영문) 서울중앙지방법원 2019.04.04 2018가단5121564

부당이득금

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On September 29, 2009, the Plaintiff entered into a contract with the Defendants on the lease of the first floor E (hereinafter “instant store”) and the second floor F from September 29, 2009 to September 28, 2010, setting the deposit amount of KRW 87,500,000, monthly rent of KRW 6,200 (hereinafter “first lease contract”).

The first lease contract has been renewed after the expiration of the contract term and continued until the execution of the lease contract described in the following paragraphs.

The special terms and conditions of the first lease contract shall be as follows:

[Matters of Special Agreement]

1. The present facility shall be leased, and the store and the second floor F shall be restored to its original state at the time when the contract expires.

2. The management expenses shall be borne by the lessee of KRW 405,00 per month; 3. The lessee of public charges, such as electricity, water, gas, etc.; 4. Additional tax shall be borne by the lessee separately;

On October 28, 2015, the Plaintiff entered into a contract under which the Defendants and the instant stores were leased with the term of lease from September 28, 2015 to September 27, 2016, and KRW 100,000,000, monthly rent of KRW 7,100,000 (hereinafter “second lease contract”).

The special terms and conditions of the second lease contract shall be as follows:

[Matters of Special Agreement]

1.The present facility shall be leased, and the present store shall be restored to its original state at the expiration of the contract.

2. Management expenses shall be borne by the lessee of 500,000 won per month; and

3. A lessee shall bear public utility charges, such as electricity, water, and gas;

4. Additional taxes shall be borne by separate lessees;

5.The contract shall be drawn up by mutual agreement.

C. On October 27, 2016, the Plaintiff concluded a contract under which the Defendants and the instant stores are leased at KRW 100,000,000, monthly rent of KRW 7,100,000 (hereinafter “third lease contract”) from September 28, 2016 to September 27, 2017.

The special terms and conditions of the third-party lease contract shall be as follows:

[Matters of Special Agreement]

1. Management expenses shall be paid 500,000 won per month;

2. The waterworks charge of 290,000 won shall be borne by the lessee.

3.At the expiration of the lease term, facilities related to restaurant business shall be located.

유사 판례

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