(영문) 서울중앙지방법원 2017.05.31 2017나239

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(영문) 서울중앙지방법원 2017.05.31 2017나239

부당이득금 반환

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1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, ..

Reasons

1. The parties' assertion

A. (1) On June 15, 2015, through C, the Defendant’s agent, the Plaintiff entered into a lease agreement with the Defendant to lease three floors among the buildings located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant real estate”) with the terms that the lease deposit amount is KRW 3,00,000, monthly rent of KRW 2,000,000, and the lease term is set from June 22, 2015 to June 22, 2016 (hereinafter “instant lease agreement”). On March 18, 2016, the Plaintiff transferred the said real estate to the Defendant and terminated the said lease agreement.

(2) The defendant is obligated to pay the following amount to the plaintiff as compensation for unjust enrichment or tort:

Although the monthly rent stipulated in the instant lease agreement includes value-added tax, the Defendant received 700,000 won in total as value-added tax from the Plaintiff from July 2015 to March 18, 2016, and the Defendant should return the amount equivalent to the above amount to the Plaintiff with unjust enrichment.

Although the Defendant received KRW 2,100,000 from the Plaintiff for the rent of March 2016, the Plaintiff did not issue a tax invoice for the said rent, and the Plaintiff did not incur any loss equivalent to KRW 210,000,000 for the input tax amount of the said rent, and thus, the Defendant should pay the amount equivalent to the said amount as compensation for damages to the Plaintiff.

Since the Defendant received 90,000 won for a month of the public charge on the pertinent real estate after the delivery of the instant real estate to the Plaintiff, it should return the said money with unjust enrichment.

The defendant unfairly deducted 500,000 won from the lease deposit after the termination of the lease contract of this case as the real estate intermediary fee. The defendant must return the above amount to the plaintiff with unjust enrichment.

The defendant is obligated to pay 1,700,000 won to the plaintiff due to the above improper act of the defendant.

B. The defendant.

유사 판례

-대구지방법원 서부지원 2017.02.02 2015가단32398

-서울중앙지방법원 2017.07.21 2016가단20334

-서울고등법원 2017.06.09 2017나2007697

-대구지방법원 2018.01.18 2016가합200297

-서울고등법원 2017.01.13 2016나2033712