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Reasons
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(영문) 부산지방법원동부지원 2020.04.07 2019가단210668
부당이득금
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1. The Defendant’s KRW 57,070,00 for the Plaintiff and 5% per annum from January 26, 2019 to May 10, 2019.

Reasons

1. Facts of recognition;

A. From September 25, 2003, the Plaintiff owned 837.7 square meters in Nam-gu, Busan (hereinafter “instant land”).

B. On February 25, 2005, a lease contract was concluded between the original Defendant with respect to the instant land as KRW 100,000,000, monthly rent of KRW 3,000,000, and the period from February 28, 2005, and the Plaintiff delivered the instant land to the Defendant around February 28, 2005, and the Defendant paid KRW 100,000,000 to the Plaintiff on February 25, 2005.

After that, on January 11, 2007, the Plaintiff and the Defendant concluded a lease contract again by setting a deposit of KRW 100,000,000, monthly rent of KRW 3,500,000, and the period from March 1, 2007.

C. On January 21, 2010, the Plaintiff and the Defendant concluded a lease contract with a deposit of KRW 150,000,000, monthly rent of KRW 4,500,000, and the period from March 1, 2010. The Defendant paid KRW 50,00,000 to the Plaintiff on January 21, 201.

On February 22, 2013, the Plaintiff and the Defendant entered into a lease contract with a deposit of KRW 150,000,000, monthly rent of KRW 480,000, and the period from March 1, 2013 to 36 months (hereinafter “instant lease contract”).

E. From May 25, 2005, the Defendant installed and used container boxes and portable toilets on the instant land, and operated pay parking lots.

F. On August 27, 2015, the Plaintiff asserted against the Defendant that the instant lease agreement was terminated due to the expiration of the term, and filed a land transfer lawsuit as Busan District Court Branching 2015Kahap103028.

On May 26, 2016, the Busan District Court rendered a judgment that “the Defendant shall receive KRW 150,000,000 from the Plaintiff and deliver the instant land to the Plaintiff at the same time, and remove the container boxes and portable toilets” on the grounds that the term of the lease agreement has expired between the Plaintiff and the Defendant, and the Defendant’s appeal and final appeal are made by the Defendant.

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