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(영문) 서울남부지방법원 2017.07.13 2016나62274
부당이득금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 25, 2009, the Plaintiff leased an apartment (hereinafter “instant apartment”) of Yangcheon-gu Seoul, 307 Dong 901 (hereinafter “Seoul”) to the Defendant as the lease deposit amounting to 450,000,000,000, and from October 16, 2009 to October 15, 201, the lease deposit amount was set as KRW 450,000 from KRW 480,00 to KRW 450,00 on condition that the lessee changes the floor.

(hereinafter “instant lease agreement”). B.

On October 15, 201, the Plaintiff renewed the instant lease agreement by setting the lease deposit amount of KRW 490,000,000 from October 15, 201 to October 14, 2013; (2) September 15, 2013; and (3) the lease deposit of KRW 500,000,000 from September 15, 2013; and (4) the lease period of KRW 100,000 from October 15, 2013 to December 31, 2015.

C. On December 1, 2015, the Plaintiff sent a content-certified mail that contains the content of the refusal to renew the instant lease agreement to the Defendant, and thereafter, the Defendant also sent text messages to the Plaintiff that the Defendant would receive some of KRW 8,00,000 of the cost of house repair through the real estate brokerage office.

On December 7, 2015, the Plaintiff sent to the Defendant, “The instant lease agreement was reduced to KRW 450,000,000,000 on condition that the Defendant replaced the floor. As such, some of the Defendant’s demand for repair costs of KRW 8,00,000, which was unfair and rejected, and sent the instant apartment by December 31, 2015, stating that “The instant apartment is handed over by December 31, 2015,” the term of lease expires.

E. On December 28, 2015, the Defendant was a director of the instant apartment on December 28, 2015, and on December 31, 2015, the Plaintiff paid KRW 5,970,000 in the name of the amount paid to the Defendant as the instant lease deposit, long-term repair appropriations (905,730 won) and the repair cost of the instant apartment.

[Ground for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including paper numbers)

2. The assertion and judgment

A. Undue profits.

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