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(영문) 서울서부지방법원 2017.06.20 2017가단2291
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Since around 2005, the Plaintiff leased 82 square meters of the ground-story among the Seoul Mapo-gu Seoul building (hereinafter “instant building”). On May 16, 2012, the Plaintiff concluded a lease agreement with D, the former owner, setting the deposit of KRW 15 million, monthly rent of KRW 950,000,000, and the lease period from May 17, 2012 to May 16, 2013.

B. On January 30, 2013, the Defendant transferred the ownership of the said building from D on the ground of the gift made by the Defendant, and succeeded to the lessor’s status under the said lease agreement.

C. Since then, comprehensively taking account of the attached documents between the Defendant and ① deposit of KRW 25 million on May 22, 2014, monthly rent of KRW 2.2 million, and the attached documents between May 17, 2014 and November 16, 2014, the Plaintiff agreed to change the name of the lessee of the lease agreement if the new lessee becomes a lessee for six months, while specifying that the term of lease is a conditional extension contract with respect to the first lease agreement, and if not, the Plaintiff would increase the number of monthly rent of KRW 3.5 million between the Plaintiff and the Plaintiff.

A lease contract (hereinafter referred to as "the first lease contract"), which is set as six months, is set as 35 million won on November 4, 2015, 2000 won as security deposit, 2.4 million won on monthly rent, 2.4 million won on November 4, 2015, and 12 months from November 17, 2015 to November 16, 2016, hereinafter referred to as "the second lease contract").

D) Each of the instant buildings was concluded. The Plaintiff paid both monthly rent and management expenses, etc. in accordance with the first and second lease agreements. On November 16, 2016, the term of lease stipulated in the second lease agreement expired, and simultaneously delivered the instant building to the Defendant at the same time as the repayment of deposit for lease was returned. [The each of the items of subparagraphs A and 8, based on the grounds for recognition, and the purport of the entire pleadings.]

2. Determination as to the cause of action

A. As to Article 11(1) of the Act on the Protection of the Lease of Commercial Building Building (hereinafter “Act”), the term “rents or rents.”

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