(영문) 서울동부지방법원 2017.07.25 2015가합109575

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(영문) 서울동부지방법원 2017.07.25 2015가합109575

임대료 및 부당이득금 반환 청구의 소

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1. The Defendant (Counterclaim Plaintiff) C is the Plaintiff (Counterclaim Plaintiff) A:

A. 39,802,274 Won and its equivalent from June 9, 2017 to July 2017

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. Plaintiff A and Defendant C are children of Plaintiff B, and Defendant D is children of Defendant C, and Defendant E is the spouse of Defendant D.

B. On February 25, 2009, the registration of ownership transfer was completed with respect to each of the plaintiffs and the defendant C's respective 1/3 shares on the ground floor, five-story neighborhood living facilities and detached houses (hereinafter "the instant building") on the land owned by the plaintiff Seongdong-gu Seoul (hereinafter "the instant land"), and on October 29, 2014, with respect to the shares owned by the plaintiff B, the registration of ownership transfer was completed on October 22, 2014.

C. On August 2009, the Plaintiffs and Defendant C entered into a lease agreement with Defendant E, setting the entire building of this case from September 1, 2009 to August 31, 201, with a lease term of KRW 500 million, lease deposit of KRW 15 million per month, and rent of KRW 15 million (hereinafter “the first lease agreement”).

The Plaintiffs and Defendant C shall enter into a lease agreement with Defendant E on December 13, 2012, under which the first, second, and third floors underground are leased from March 1, 201 to February 28, 2013; the lease deposit is KRW 250 million; the lease deposit is KRW 15 million from March 1, 201 to February 28, 201; and the lease deposit is KRW 15 million from March 1, 201 to February 28, 201 (hereinafter referred to as “second lease agreement”); the lease contract between March 1, 2011 to February 28, 201 to KRW 320,000 from March 1, 201 to February 28, 2013; and the lease contract between the first and the second floors of the instant building to KRW 300,000,000,000 from March 28, 2013.

Each of the above rents under the second and third lease agreements is an amount including value-added tax. [The grounds for recognition] The facts that there is no dispute, Gap 1 to 4 evidence, and Eul 1 evidence (if there is a serial number, it includes a serial number).

hereinafter the same shall apply.

- The purport of the whole pleadings

2. The plaintiffs' grounds for the principal claim.

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