(영문) 광주지방법원순천지원 2017.10.25 2016가합883

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(영문) 광주지방법원순천지원 2017.10.25 2016가합883

부당이득금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant leased the so-called “Dong Survey Engine” (hereinafter referred to as “Dong Survey Engine”) which is a steel transmission facility and functional facility within the optical port located in the luminous port from the Hanyang Port Corporation (hereinafter referred to as the “harbor Corporation”).

B. The Plaintiff: (a) charged part of the same steel transmission station to the Defendant (hereinafter “instant sublease contract”); and (b) paid KRW 809,000,000 in total from May 1, 2014 to March 1, 2016.

The monthly rent of 6,600 square meters (2,00 square meters) and June 1, 2014 for the period of sublease of the subject matter of sub-lease of the contract date. The object of sub-lease of 13,00,000 square meters or more from May 1, 2014 to August 31, 2014; the object of sub-lease of 20,000,000 and the object of 13,00,00,000,000 or more for the subject matter of sub-lease of 20,706 square meters for the land on September 1, 2014; the purport of 20,706 square meters for 20,0000 square meters for 30,000 square meters for 20,000 square meters for 20,000 won for 30,015, 30,016-4, 2016.

2. The Plaintiff’s assertion that: (a) the Defendant imposed the rent on the Plaintiff for the land or harbor facilities for which the Defendant did not obtain the approval of sub-lease from the Port Authority; (b) the Defendant imposed the amount exceeding the usage rate of the harbor facilities under Article 30 of the Harbor Act, which is a mandatory provision, and Article 30 of the Port Authority Act (see, e.g., Attached Table 1); and (c) thus, the Plaintiff is obliged to return the amount of the rent in excess of the usage rate of the harbor facilities according to the relevant subordinate provision. Accordingly

3. Determination

A. The establishment of unjust enrichment due to the existence of the Defendant’s right to sub-lease is established when one of the parties agrees to allow the other party to use and benefit from the subject matter and the other party agrees to pay the rent for it. Thus, even if the lessor has no right to lease the subject matter.

참조조문

-항만공사법 제30조

-항만법 제30조

유사 판례

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-부산지방법원 2017.12.01 2017나44510

-서울중앙지방법원 2016.04.15 2015가합576639