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(영문) 서울남부지방법원 2020.04.23 2018나67358
부당이득금
Text

1.Paragraphs 1 and 2 of the judgment of the first instance, including the plaintiff's claim extended by this court, are as follows.

Reasons

1. Basic facts

A. On November 27, 1998, the Plaintiff and the Defendant and the co-inheritors, including the Plaintiff and the Defendant, succeeded to the 39.20 square meters of the instant commercial building, and the 39.20 square meters of the 2nd floor and the 39.20 square meters of the 2nd floor and the 39.20 square meters of the 39.20 square meters of the 2nd floor and the 39.20 square meters of the 2nd floor and the 39.20 square meters of the 39.20 square meters of the 2nd floor.

As to the instant real estate, the Plaintiff acquired 9/13 shares on December 28, 2005, and thereafter owned 11/13 shares from June 11, 2007 to the present date. The Defendant owned 2/13 shares.

B. (1) On July 15, 2005, the Defendant entered into a lease agreement with D on the instant commercial building, stating that the instant commercial building will be leased with a deposit of KRW 30 million, KRW 1.5 million per month (payment on August 5, 2005), and the period from August 5, 2005 to August 4, 2007 (hereinafter “the first lease agreement”).

(2) On July 27, 2007, the Plaintiff entered into a lease agreement with D on a deposit of KRW 30 million, KRW 1.5 million per month (payment after August 6), and the period from August 4, 2007 to lease the instant commercial building (hereinafter “second lease agreement”).

The second lease contract is stipulated by the special agreement that the current lessor shall succeed to the rental deposit.

(hereinafter “instant special agreement”). Upon the expiration of the period of termination of the second lease agreement, the Plaintiff paid KRW 27.5 million as security deposit after deducting the unpaid rent of KRW 2.5 million from D.

(3) On February 7, 2009, the Plaintiff entered into a lease agreement with E and the instant commercial building on a deposit of KRW 30 million, monthly rent of KRW 1.5 million (pre-payment on every seventh day), and on a two-year basis from February 7, 2009 (hereinafter “third lease agreement”).

The third lease contract was renewed once and terminated on February 2012.

(4) The Plaintiff deposits the F and the instant commercial building on February 17, 2012.

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