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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 1, 2011, the Plaintiff leased (hereinafter “instant lease agreement”) KRW 2.4 billion from the Defendant at KRW 32,09,000 per month of rent, KRW 32,09,00 per month of rent, and KRW 8,560,00 per month of management expenses, for E-building in Seoul, Gangnam-gu and D (the size of eight floors above the ground of the underground five floors, hereinafter “instant building”).
B. The leased area under the instant lease agreement is indicated as the “7-story 1,451.20 square meters (7 stories, 1,451.20 square meters, 8-story 1,243.80 square meters, and 26.18 square meters in one story).” The building register of the instant building (registration August 13, 2008) and the registry (registration of August 29, 2008) are written as the seven-story area, and the eight-story area is 1,056.48 square meters, and the eight-story area is 905.47 square meters.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 3, the purport of whole pleadings
2. The parties' assertion
A. The plaintiff alleged that he/she had paid rent, management expenses, etc. according to the size entered in the lease contract for 65 months (from January 1, 2011 to May 31, 2016) to the defendant. The defendant is obligated to pay to the plaintiff the rent and management expenses for the portion exceeding approximately 593.83 square meters (i.e., the area entered in the public registry) [40,659,000 won = KRW 32,659,000]- (i.e., KRW 32,659,000 x KRW 40,659,000 x 59/823.16) x 65 months x 181,364,498 x 69,630,530,5348 x 25484.7 billion won x 2584.7 billion won [3 billion won].
B. The lease area stipulated in the instant lease agreement by the Defendant’s assertion is merely a way to specify the leased object. Since the said lease agreement does not constitute “a lease agreement that designates a quantity of deposit, rent, management expenses, etc.” on the basis of the actual lease area, unjust enrichment as alleged by the Plaintiff is not established as to the rent, etc. received by the Defendant under the instant lease agreement.
3. Determination
A. Civil Act.