(영문) 서울서부지방법원 2015.05.21 2014가합37767

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(영문) 서울서부지방법원 2015.05.21 2014가합37767

부당이득금

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1. The Defendants jointly share KRW 75,000,000 with respect thereto to the Plaintiff and the period from October 15, 2014 to May 21, 2015.

Reasons

1. Facts of recognition;

A. The Defendants shared 1/2 shares of each of the five-story buildings above C (hereinafter “instant building”) in Silung-si.

The purpose of this case’s registration certificate is “sales facilities and amusement facilities,” and the main purpose of this case’s building is “sales facilities, amusement facilities,” and the purpose of the first floor among the buildings in this case is “sales facilities”.

B. From January 4, 2008, the Defendants leased each part of the instant building to others. Of the instant building, part of 347.1 square meters of the left part of the instant building (hereinafter “instant leased part”) has been leased and used for restaurant from around the above time.

C. On September 12, 2013, the Plaintiff, a stock company, established a contract with the Defendants for the lease of the instant leased portion of KRW 75,00,000, monthly rent of KRW 7,500,000, and the lease term from September 23, 2013 to April 30, 2021.

(hereinafter “instant lease agreement.” The “1. commercial building display” of the said lease agreement is indicated as “ restaurants” and “ restaurants” with respect to the purpose of use of the leased building.

In addition, the Plaintiff received an explanation about the leased portion of this case through confirmation and explanatory note of the object of brokerage at the time. At the time, the Plaintiff received the registration certificate and building register concerning the building of this case. The purpose of use on the building register of the leased portion of this case is indicated as “sales facilities, amusement facilities, and restaurants,” and it is indicated as “general commercial area” and “district-1 district unit planning zone” with respect to the specific use area of the area where the leased portion of this case is located.

The Plaintiff is stipulated in the instant lease agreement to the Defendants.

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