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(영문) 서울서부지방법원 2018.11.30 2016가단28449
부당이득금
Text

1. The plaintiff (Counterclaim defendant)'s claim of this case is dismissed.

2. The Defendant (Counterclaim Plaintiff)’s counterclaim of this case.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On February 2, 2006, the Plaintiff entered into a lease agreement with the Defendant, and with respect to the part of the 1st floor (35 square meters) of Seodaemun-gu Seoul Metropolitan Government Ground Building C (hereinafter “instant building”) owned by the Defendant, with the content that the lease deposit amount is KRW 20 million, monthly rent is KRW 1.5 million, monthly rent is KRW 20 million, monthly rent is KRW 25 million, monthly rent is KRW 2.5 million, and monthly rent is KRW 2.5 million.

(hereinafter “instant lease agreement”). B.

After the instant lease agreement, the Plaintiff operated a childcare center on the first floor of the instant building, and a private teaching institute on the second floor.

C. The instant lease agreement was renewed several times, and the Plaintiff removed from the first and second floors of the instant building around November 2016.

The Defendant filed a claim against the Plaintiff for the delivery of a building with Seoul Western District Court 2015Kadan1817, and on September 3, 2015, a voluntary conciliation was established with the content that “the Plaintiff shall deliver the instant real estate at the same time with the payment of the remainder after deducting the overdue rent of KRW 40,000 from the Defendant until February 29, 2016, until February 29, 2016, and pay KRW 65,000,000,000, in arrears by August 31, 2015.”

E. The instant lease agreement was terminated on February 29, 2016 according to the terms and conditions of the said agreement.

F. In this case, the Plaintiff decided to transfer the instant building, which was prior to the termination of the instant lease agreement, to the Defendant in the amount of KRW 50 million, but was ruled against the Defendant on February 2, 2018, when the Defendant interfered with collecting the premium, the environmental charges and traffic congestion charges of KRW 2,986,452 from 2006 to 2015, and the cost of urban gas-care centers of KRW 5,000,000, total amount of KRW 10,000,000, and KRW 67,986,452 from 206 to 2015, which was to be borne by the Defendant, and KRW 2,986,452 from 206 to 3rd building owned by the Defendant.

[Reasons for Recognition]

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