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Reasons
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(영문) 춘천지방법원 2016.06.29 2015가합5057
부당이득금
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1. The Defendant’s KRW 1,327,00 for the Plaintiff and 5% per annum from May 27, 2016 to June 29, 2016.

Reasons

1. Basic facts

A. On July 22, 2009, Nonparty C, D, and E (hereinafter “the instant lessors”) agreed to use the extended facilities during the lease period by extending existing facilities installed on the instant land to the Defendant for the period of the lease. On July 22, 2009, Nonparty C, D, and E (hereinafter “the instant lessors”) set the lease to the Defendant at KRW 2,00,000,000 per month, and the lease period from July 22, 2009 to September 22, 2014.

B. On October 30, 2009, the lessor and the Defendant agreed to newly set the lease deposit amount of KRW 10,000,000 in terms of the terms and conditions of the above lease agreement and to change the lease deposit amount of KRW 3,000,000 (in addition, an increase of KRW 3,300,000 in monthly rent) and the lease term from November 20, 209 to November 19, 2014 respectively.

(hereinafter referred to as “instant lease agreement”). C.

The Defendant extended the existing building on the ground of the instant land (hereinafter referred to as the “instant building”) in accordance with the terms and conditions of the said lease agreement, and directly operated the chickens house in the instant building, and sublet the instant land and the instant building to the Plaintiff from February 1, 2012 to February 1, 2016 under the name of G, which is the Defendant’s wife, on January 30, 2012.

(hereinafter “instant sublease contract”). D.

The Plaintiff used the instant building under the instant sub-lease contract and became unable to use and profit from the instant land and buildings from November 20, 2014 as the term of the instant sub-lease expires before the said sub-lease period expires, and requested the Defendant to extend the term of the instant lease, but the Defendant failed to agree with the lessors of the instant case to extend the term of the contract.

E. Accordingly, on August 10, 2014, the Plaintiff terminated the instant lease contract from one of the lessors of the instant case.

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