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(영문) 서울북부지방법원 2016.03.30 2015가단109147
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) shall deliver to the Defendant (Counterclaim Plaintiff) the real estate indicated in the separate sheet, and from October 11, 2014.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On November 11, 2012, the Plaintiff entered into a lease agreement between the Defendant and the Defendant with respect to the instant real estate as to KRW 8 million, monthly rent of KRW 1 million, and the lease term of 12 months, and renewed on November 11, 2013.

B. On August 26, 2014, the Defendant sent to the Plaintiff a content-certified mail that would not renew the lease agreement with the Plaintiff if the monthly rent is not increased due to the extended lease period, which reaches the Plaintiff around that time.

C. The Plaintiff continued to operate “C” in the instant real estate from September 2014 to the present time, and did not pay monthly rent to the Defendant.

On October 8, 2014, the Defendant filed a counterclaim against the Plaintiff to seek the delivery of the instant real estate and the return of unjust enrichment equivalent to the rent or the rent. On November 20, 2014, the Plaintiff voluntarily withdrawn the counterclaim. However, on December 2, 2014, the Plaintiff filed an objection against the withdrawal of the said counterclaim. On February 19, 2016, the Defendant filed an objection against the Plaintiff on the delivery of the instant real estate and the return of unjust enrichment equivalent to the rent or the rent of KRW 100,000 per month from October 11, 2014 to the completion date of delivery of the instant real estate, and subsequently filed an application for reimbursement of the rent of KRW 750,000 per month from November 1, 2014 to the completion date of delivery of the instant real estate, and made a statement from the date of pleading on March 3, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, Eul evidence Nos. 2, 5, 7 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. (1) On November 12, 2004, the Plaintiff leased the instant real estate from the Defendant to KRW 850,000,000 per annum (including value-added tax) to determine the claim of the principal lawsuit.

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