(영문) 서울서부지방법원 2017.01.12 2016가단7718

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(영문) 서울서부지방법원 2017.01.12 2016가단7718

전대료

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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. On July 30, 2008, the Plaintiff leased land of 4,950 square meters (hereinafter “instant land”) among the land outside Seo-gu, Seo-gu, Incheon, and six parcels, but was sub-leased from around 2003 to the Defendant, who runs the steel-frame cutting and processing business, entered into a sub-lease contract (hereinafter “sub-lease contract of this case”) with the Defendant on July 30, 2008, by setting the rent rate of 57,600,000 won per annum for the instant land (in addition to the payment to be made in installments twice a year, there was no special interest as to the specific payment period) and the period of sub-lease from April 30, 2008 to July 30, 2009. After that, the instant sub-lease contract was renewed.

B. A part of the instant land was incorporated into a DRoad site around 2010 and expropriated around 2012. From the time of incorporation into the said road site, the Plaintiff and the Defendant discussed the termination of the instant sub-lease contract, and finally, the Defendant delivered the instant land to the Plaintiff on January 18, 2015.

[Ground of recognition] A without dispute, entry of evidence No. 3, purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion and the Defendant, around 2010, increased the rent to KRW 7,500,000 per month under mutual agreement while renewal of the instant sub-lease agreement.

However, since the Defendant delayed the payment of rent from August 2014 to January 18, 2015, and the total sum of unlawful gains equivalent to rent or rent 41,854,838 won (=7,500,000 x (18/31) x (5 months x 18/31), the Defendant is obligated to pay the Plaintiff the aforementioned KRW 41,854,838 and delay damages.

B. We examine the judgment. First, there is no evidence to prove that the Plaintiff and the Defendant agreed to increase the rent to KRW 7,500,000 per month after the conclusion of the instant sub-lease contract.

Therefore, the rent or unjust enrichment equivalent to the rent or rent under the sub-lease contract of this case should be based on the annual rent of KRW 57,600,000 as determined at the time of concluding the sub-lease contract of this case.

. The above criteria.

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