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(영문) 서울중앙지방법원 2015.09.15 2015가단5066819
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of premise;

A. On January 22, 2014, the Plaintiff’s agent spouse B entered into a lease agreement with the Defendant with the following terms:

(hereinafter referred to as “the first lease contract in this case”). (1) The area to be leased: The entire area of one story on the ground.

On February 10, 2014, the remainder payment date, the Plaintiff entered into a final lease agreement with the Defendant to modify the following contents of the first lease agreement of this case:

(hereinafter “instant lease agreement”). (1) The portion to be leased: (2) Monthly rent of KRW 15,00,000: 15,000: the lease period: from February 11, 2014 to February 10, 2020; (3) the entry of evidence No. 1 and the purport of the entire pleadings

2. The plaintiff's assertion

A. For the following reasons, the Plaintiff leased only the portion A, B, C, and G indicated in the separate sheet among the real estate listed in the real estate list (hereinafter “instant real estate”) to the Defendant. From February 2014, the Defendant occupied the portion D, E, and F of the instant real estate without permission from the Defendant.

Therefore, the Plaintiff seeks payment of the amount calculated by applying the ratio of KRW 68,250,00 from February 2, 2014 to March 10, 2015, and the ratio of KRW 5,250,000 from March 11, 2015 to March 11, 2015, calculated as unjust enrichment on the portion occupied without permission against the Defendant.

① The Plaintiff leased only the part A and B indicated in the attached drawing to the lessee E before the instant real estate, and the Defendant entered into a lease agreement with the same part as E at the time of entering into the instant initial lease agreement.

② Of the instant real estate, the sum of the area A and B indicated in the attached drawing is 290 square meters, and the initial lease agreement of this case is reflected at the time of concluding the first lease agreement.

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