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(영문) 대전지방법원 2019.01.10 2018가단202757
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

(a) deliver the real estate listed in the separate sheet;

(b) 8050,000 won;

Reasons

1. In fact, the Plaintiff, around June 25, 201, leased from E the land indicated in attached Table 1 (hereinafter “instant land”) and the attached Forms 2 and 3 (hereinafter “instant building”) and the attached Forms 2 and 3 (hereinafter “instant building”), which are the buildings attached thereto, prior to D and D (hereinafter “D”) and its ground buildings.

At the time, 2.2 million won, monthly rent was 2.2 million won, and the period was from June 25, 201 to June 15, 2012. As the contract was renewed, there was no change in the amount of the deposit, but the rent increased, and the plaintiff paid 3.5 million won to E from August 2016 to April 201.

On April 25, 2017, the Defendant purchased the instant land and D land and the instant building from E and completed the registration of ownership transfer on May 29, 2017, notified the Plaintiff that he would not make a lease contract on this part if he would not make a lease contract.

Therefore, on May 25, 2017, the Defendant concluded a lease contract with the Plaintiff and the instant building with a rental deposit of KRW 25 million, monthly rent of KRW 3.5 million, and the lease term of KRW 3.5 million from May 25, 2017 to May 25, 2018 (hereinafter “instant lease contract”), and agreed that the lessee shall be separately liable for the value-added tax incurred by the lease due to the special agreement.

According to the instant lease agreement, the Plaintiff paid the Defendant the rent for seven months up to November 2017, and continued to operate the business without paying the rent from December 25, 2017.

The Plaintiff sublets part of the instant land to F and received rent of KRW 1,650,00 per month during the instant lease agreement period from F, and the Defendant concluded a lease agreement with F and received KRW 1,650,00 per month from May 26, 2018, which was after the expiration of the instant lease agreement period.

On September 25, 2017, the Defendant registered the business of leasing the instant building, and reported the commencement of business from November 1, 2017.

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