(영문) 창원지방법원 2015.04.01 2014가합5647

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(영문) 창원지방법원 2015.04.01 2014가합5647

부당이득금

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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 May 29, 2001, the Plaintiff leased land C, D, E, and F owned by the Defendant (hereinafter “each of the instant lands”). The lease agreement was drafted as of December 14, 2002 as “2, the lease deposit amount of KRW 2 million, monthly rent of KRW 800,000,000 (payment on January 15), and KRW 96 months for the term of lease,” and as a special agreement, the part of the premium at the time of sale or lease is recognized as similar type of business at the maturity of the contract. In the event of incorporation into a national agency and expropriation, the part of the premium was terminated. The monthly rent was adjusted mutually, and the monthly rent was increased to KRW 1.5 million.

B. After the Plaintiff entered into a lease agreement with the Defendant on each of the instant land, the Plaintiff operated the automobile-related business establishment with the name of “G Motor Vehicle Sales Exhibition,” “H Motor Vehicle Maintenance”, and “Co., Ltd. I”, by constructing a light-weight steel structure and other parts of the roof (hereinafter “sale site”).

C. However, around May 2006, the instant land was included in the site for road construction for the expansion of national highways between J and J. On January 21, 201, the Central Land Expropriation Committee rendered a ruling to accept the Plaintiff to pay KRW 120,556,500 as compensation for the instant obstacles, etc., and on May 13, 201, it increased to KRW 122,306,50, and the Defendant received KRW 1,206,725,00 as compensation for each of the instant land around September 209.

Since then, the Plaintiff, as Changwon District Court 201Guhap2703, the Plaintiff, as Changwon District Court 201-gu 2703, incurred expenses for collecting stone and banking each of the instant lands, etc., the Plaintiff’s automobile-related business of KRW 343,650,000 and the Plaintiff’s automobile-related business, on the ground that the land category of each of the instant lands was “res

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