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(영문) 의정부지방법원 2019.01.15 2017가단132496
부당이득금
Text

1. The Defendant’s KRW 51,183,288 as well as the annual rate of KRW 6% from December 7, 2017 to January 15, 2019, and the next day.

Reasons

1. Facts of recognition;

A. On December 22, 2011, Nonparty C (the representative of the Plaintiff) leased six parcels of land, etc., including old-si E, and its ground commercial building (Fulullet) from Nonparty D, etc. (hereinafter referred to as “non-party D”) as of December 22, 201, KRW 450 million for deposit, KRW 330 million for monthly rent, and the period of rent as of December 22, 2021.

At the time, C changed the use or structure of the leased object without the consent of the Nonparty, was prohibited from sub-lease, transfer of the right to lease or providing security, and was not used for any purpose other than the purpose of lease. When violating this, the Nonparty was allowed to immediately terminate the contract.

Doll C established the Plaintiff on August 6, 2012 in order to manage the store with her husband’s non-party G.

On January 3, 2015, the Plaintiff: (a) set the period of H heading 1st and 50th class 50th class 2th class (hereinafter “instant store”) from the date of the contract; (b) KRW 100 million from the date of the contract; (c) KRW 500,000 from the monthly rent (excluding value-added tax); and (d) monthly management expenses (excluding value-added tax) KRW 40,000 from the date of the sublease; and (d) the Defendant operated the clothing sales business at the instant store.

B. (i) A did not pay to the Nonparty a deposit of KRW 150 million; (ii) did not pay part of monthly rent from July 30, 2012; and (iii) newly built illegal buildings on certain land.

on June 3, 2015, the Nonparty filed a lawsuit against the lessee, including the Plaintiff, C, and the Defendant, at the Seoul Central District Court (2015Gahap536099) and terminated the lease contract. On the other hand, the Nonparty filed a claim against C, etc. for the delivery of leased object and the return of monthly rent, and the delivery of sub-lease object and compensation for damages or return of unjust enrichment against the lessee, including the Defendant.

(However, the non-party withdrawn the claim for restitution of damages or unjust enrichment against the sub-lessee. The non-party on May 8, 2015 before the institution of the lawsuit.

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