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(영문) 서울서부지방법원 2016.02.18 2014가합39855
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

In order to establish a real estate brokerage office, on January 30, 2008, the Plaintiff leased the part of 26.79 square meters of 102.23 square meters of the Mapo-gu Do 102.23 square meters (hereinafter “the instant commercial building”) from C (hereinafter “the instant commercial building”) from January 30, 2008 to March 20, 201.

On February 28, 2008, the Defendant leased from C the portion of 75.44 square meters among the instant commercial buildings (hereinafter “Defendant’s leased premises”) from C to March 21, 201, with a deposit of KRW 130 million, monthly rent of KRW 4.5 million, monthly rent of KRW 4.5 million, and the term of the contract from March 21, 2008 to March 21, 201.

(A) In sum, each of the above lease agreements was combined with “each of the instant lease agreements.” The attached drawings (A) and the attached drawings (a) were installed in the size of 13 square meters, which are the front leased part of the Defendant of the instant commercial building. There was a temporary installation in the form of a folder gate and a shower, and there was a temporary installation located in the area of 3 square meters in the same drawings (b) which are the front leased part of

(hereinafter referred to as “instant building.” On April 7, 2008, the head of Mapo-gu Seoul Metropolitan Government urged C, the owner of the instant commercial building, to voluntarily remove the instant building, as it is an unlawful building violating Article 9(1) of the Building Act.

On May 13, 2008, the construction of the building in this case was performed on May 13, 2008, and the condition of removal had been left with photographs, and then the construction of the reconstruction of the building in this case was

(hereinafter “instant construction”). On May 14, 2008, the Plaintiff filed an application for registration of establishment of the real estate brokerage office for the leased portion with the head of Mapo-gu Seoul Metropolitan Government Office (hereinafter “registration of establishment”).

On the other hand, on May 22, 2008, the head of Mapo-gu Seoul Metropolitan Government discovered the instant building as an unlawful building on the grounds that the instant building was voluntarily removed and reconstructed.

In addition, the head of Mapo-gu Seoul Metropolitan Government on May 29, 2008 shall be the commercial building of this case.

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