(영문) 서울동부지방법원 2019.12.04 2019나24478

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(영문) 서울동부지방법원 2019.12.04 2019나24478

부당이득금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On March 18, 2009, the Plaintiff entered into a lease agreement with the Defendant to lease the Gangnam-gu Seoul apartment D (hereinafter “instant apartment”) owned by the Defendant with the term of lease from April 18, 2009 to April 17, 201, the lease deposit amount of KRW 40 million, and the monthly rent of KRW 900,000,000 (hereinafter “first lease agreement”). Around that time, the Plaintiff paid the Defendant the deposit amount of KRW 40 million,000,000,000, and resided in the instant apartment after delivery of the instant apartment.

B. On May 15, 2009, the Defendant donated the instant apartment to ASEAN, and completed the registration of ownership transfer on the same day.

C. On April 18, 201, the Plaintiff agreed to renew the first lease agreement with the Defendant, but agreed to increase the monthly rent of KRW 1.2 million (hereinafter “Renewal agreement”). From around that time to March 18, 2013, the Plaintiff paid 1.2 million monthly rent to the Defendant as above.

Around April 24, 2013, the Defendant, as an agent, drafted a lease agreement between the Plaintiff and the Plaintiff (hereinafter referred to as “second lease agreement”) stating that the lease deposit is KRW 70 million, monthly rent is KRW 1.2 million, and the lease term is from April 17, 2013 to April 16, 2015.

Around that time, the Plaintiff paid 30 million won (=70 million won-40 million won) to the Defendant more increased than the renewed contract.

E. On the other hand, around January 23, 2018, E sent to the Plaintiff a certificate of content that “The second lease contract was concluded by the Defendant without delegation from E, and is scheduled to file a lawsuit seeking confirmation of invalidity of the second lease contract, and thus, E would pay the monthly rent to E who is not the Defendant.”

In addition, around January 31, 2018, E is null and void as it is based on the act of unauthorized Representation that the Defendant entered into without delegation, and thus, E is against the Plaintiff.

유사 판례

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-부산지방법원동부지원 2017.04.12 2016가단2859

-대구지방법원 2017.09.05 2016가단130599

-부산지방법원 2019.11.14 2019가단8845