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(영문) 서울북부지방법원 2018.08.22 2017가단124775
부당이득금
Text

1. The Defendant: (a) KRW 2,535,361 to Plaintiff A and KRW 5% per annum from October 30, 2014 to August 22, 2018; and (b)

Reasons

1. Facts of recognition;

A. The Plaintiffs are sectional owners of the divided stores located in the third floor of the main complex facilities of Dongdaemun-gu Seoul Metropolitan Government (hereinafter “instant real estate”), and the Defendant was the chairperson of the 3th floor operation council of the building building, comprised of sectional owners who own the sectional owners who own the sectional owners of the instant real estate.

B. On June 14, 2013, the Defendant, as the president of the foregoing Operating Council, concluded a lease agreement that leases all of the instant real estate stores to F and G as follows (hereinafter “instant lease agreement”), and received KRW 150 million down payment from F and G on the same day.

Article 2 (Indication of Objects to be Used): Article 4 (Types of Rental Business)F of the third floor of the E-building Do, Dongdaemun-gu, Seoul, and the category of business to be used by G shall be a restaurant business.

Article 5 (Rental Deposit and Rent) Rental Deposit: 250 million won: Contract deposit: 150 million won on the contractual date, and the balance: 10 million won on the contractual date, and 100 million won on August 14, 2013.

(iv) Rent: 18 million won shall be paid on the 14th of each month (the construction period shall be three months from the date of the contract and thereafter be paid;

6) This entry into force at the time of the deposit of the down payment.

Article 14 (Penalty) The defendant, F, and G shall pay the down payment of KRW 150 million at the same time as the signature and the down payment, and in case of such payment, the down payment shall be reverted to the defendant.

C. F and G established the KAH on June 26, 2013 (hereinafter “Nonindicted Company”) and held office as the representative director and the G as an internal director, respectively.

F and G received the instant real estate on July 1, 2013 and delivered it to the non-party company on or around September 14, 2013, and the non-party company operated the wedding hall in the name of "I" from around that time.

On October 23, 2013, the Defendant notified F, G, and non-party companies of the termination of the instant lease agreement on the grounds of violation of the balance of deposit, payment of rent, and restriction on business type, and confiscated the down payment KRW 150 million as penalty.

(e).

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