(영문) 의정부지방법원 2015.01.28 2014가합1413

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(영문) 의정부지방법원 2015.01.28 2014가합1413

부당이득금 반환

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1. The plaintiff's claim is dismissed.

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

Reasons

(2) On November 21, 2012, the Plaintiff, the Defendant, and the Veterans Association: (a) drafted a certificate of transfer, acquisition, and confirmation of the right to lease of the following content: (b) the Defendant comprehensively transfers the following right to lease of the instant store to the Plaintiff and confirmed by the Veterans Association; (c) the indication of the leased object: Jongno-gu Seoul (1st and 89 square) - the lease term: (a) the lease deposit on February 1, 2012 - January 31, 2014 (2 years): 43,00,000 - the lease deposit amount of KRW 3,55,000 (excluding value-added tax) - the management and maintenance expenses of KRW 190,00 (excluding value-added tax):

C. On December 3, 2013, the Plaintiff and the Veterans Association drafted a modified lease agreement with the content that the instant lease agreement was amended as follows. 1. The amended lease agreement with the Plaintiff is amended as follows: (a) February 1, 2012; (b) January 31, 2014; (c) February 1, 2014; and (d) March 31, 2014; (b) immediately order the lessor to immediately place the leased object at the end of the lease period; (c) grant the lessee the priority of occupancy after remodeling; (d) the Plaintiff ordered the Veterans Association on March 31, 2014; and (e) obtained the remainder of the lease deposit, KRW 430,00,00,00,000 from the Veterans Association on April 9, 2014; and (e) obtained the refund of the lease deposit, KRW 305,508,508,000 from the remainder of the lease agreement.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 4, the purport of whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that, at the time of entering into the instant acquisition agreement, the Plaintiff: (a) believed the Defendant’s horse that the instant lease agreement would naturally be renewed or renewed; and (b) concluded the said acquisition agreement on the premise that the said lease would be maintained for at least five years.

However, around April 2014, the Veterans Association has remodeled the entire building including the instant store.

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