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(영문) 서울중앙지방법원 2017.04.27 2016가단5125043
부당이득금
Text

1. The plaintiff's main claim against the defendant B and the main claim against the defendants are all dismissed.

2...

Reasons

1. Basic facts

A. On the condition of donation acceptance, D Co., Ltd. entered into a contract for the use of the underground road (for the provisional use approval date: September 1, 1995; September 10, 1998; hereinafter “instant commercial building”) with the period from September 1, 1995 to August 31, 2015, wherein the period of permission for occupancy (use) of the above underground shopping mall store was 20 years from September 1, 1995 to August 31, 2015.

Since then, D has allowed shop occupants to transfer or sublease the right of lease of the store while managing the store of this case by leasing it to the merchants.

B. On September 25, 2012, the Plaintiff, who had long been engaged in Handphone retail business with the trade name of “I” in the E-dong Nos. 15 and 15-1 of the instant shopping mall, entered into a contract with Defendant B to take over the right to use and benefit from the instant shopping mall E-dong Nos. 16-1 (hereinafter “instant store”) from Defendant B under the brokerage of Defendant C, with Defendant B, at the cost of KRW 130 million. The part related to the instant case in the terms of the contract is as follows.

(hereinafter “instant contract for acquisition by transfer of the right to lease of the store”). Matters of the special agreement

1. This contract is a contract under which the right to use and benefit from commercial buildings is transferred or taken over during the period of permission for occupation and use of the underground shopping mall in the Sungnam-si, JJ, Sungnam-si, which was invested through the private capital inducement project in Sungnam-si.

After that, on October 17, 2012, the term "A lease-sale-sale-sale-sale-sale-sale-contract" was prepared with respect to the store in this case as a lessor (hereinafter referred to as "A") and with respect to the lease of the store in this case as a lessee (hereinafter referred to as "B"), which is the plaintiff's dong, as the main contents relating to this case

[On the other hand, with respect to the store of this case, a sub-lease contract with the lessor K and the lessee L on the same day (the deposit amount of KRW 2 million, monthly rent of KRW 1.1 million, and the period until October 17, 2013), followed by May 19, 2014.

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