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(영문) 부산지방법원 2019.01.31 2018가합46281
부당이득금
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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. The defendant is the party. 1) The Busan Metropolitan City Ordinance on the Management of Underpasses shopping Complex from Busan Metropolitan City (hereinafter "Ordinance of this case").

(2) Pursuant to Article 7, the Busan Special Metropolitan City, Busan Special Metropolitan City, the public property of Busan Special Metropolitan City, the Busan Special Metropolitan City B shopping mall (hereinafter “instant shopping mall”).

(2) On December 13, 2017, the commercial building of this case was originally created by C Co., Ltd. (hereinafter “C”) and donated to Busan Metropolitan City, and used the commercial building free of charge until December 16, 2017. The Plaintiff concluded a lease contract with C with respect to the store of this case No. 776.2m2m2, which occupied and used the said store as of October 25, 2017. On December 13, 2017, the Defendant entered into a lease contract (hereinafter “instant lease contract”) under the proviso to Article 5(2) of the Regulations on the Management and Operation of Underpasses of Busan Facilities Corporation (hereinafter “the instant Management Regulations”).

The main contents of the instant lease agreement are as follows, and the Plaintiff paid all annual rents to the Defendant under the said agreement.

Article 1 (Indication of Leaseed Objects)

1. Subject matter: Dho Lake 776.2 square meters within the commercial building of this case;

2. Rent: 254,747,40 won per annum under Article 2 (Contract Period) (1) The contract period shall be from December 17, 2017 to December 16, 2018;

(2) Where a lessee intends to continue to conduct business, he/she shall request the lessor to renew his/her business in writing one month prior to the expiration of the contract, and the request for renewal shall not exceed five years from the commencement date of the lease of this contract ( December 17, 2017).

(4) Rent and rental deposit may be increased as determined by a lessor in consideration of the fluctuation rate, etc. in economic conditions within the scope prescribed in Article 4 of the Enforcement Decree of the Commercial Building Lease Protection Act.

Article 4 (Rents) (1) Rent shall be appraised by an appraisal corporation for the annual rent.

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