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(영문) 인천지방법원 2016.05.10 2015가합56945
부당이득금
Text

1. The Defendant’s KRW 45,110,00 for the Plaintiff and 5% per annum from September 16, 2015 to May 10, 2016.

Reasons

1. Basic facts

A. On May 30, 201, the Plaintiff and the Defendant concluded a lease agreement (hereinafter “instant lease agreement”) with respect to the lease deposit of KRW 300 million, monthly rent of KRW 700,000 (excluding value-added tax), and from June 28, 2011 to June 27, 2013 with respect to the E 111 (hereinafter “instant store”) located in Seo-gu, Seo-gu, Incheon, and D (hereinafter “instant store”), and as a special agreement, the term “to raise the tax rate of KRW 1,50,000 per 1,50,000 per 2 years after the renewal of the contract,” and “the term of the contract shall be two years, and the term of the contract shall be three years, and the Defendant shall guarantee the Defendant’s more than three years,” etc.

The store of this case was a store that intended to establish an exclusive pharmacy in the building of the above E, which is 3rd underground and 10th ground (hereinafter “the building of this case”).

B. Since then, the Plaintiff and the Defendant renewed the instant lease agreement around 2013, and increased the monthly rent to KRW 11 million.

C. On December 9, 2013, the Defendant leased No. 112, the next shop of the instant store, and used No. 112 as part of the pharmacy.

Accordingly, the Plaintiff asserted that the instant lease contract should be terminated and the Defendant should return the instant store without the Plaintiff’s consent, and filed a lawsuit against the Defendant claiming for the surrender of a building (hereinafter “instant prior lawsuit”).

In the prior suit of this case, the Defendant’s above act was changed without the Plaintiff’s consent, and thus, the instant lease agreement was terminated on January 21, 2014, and the Defendant was handed down with the duty to return the instant store to the Plaintiff.

Since then, the defendant's appeal and appeal were dismissed, and the above judgment became final and conclusive on August 13, 2015.

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