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(영문) 수원지방법원 2020.08.13 2019가단542321
부당이득금 반환
Text

1. Defendant B’s KRW 1,950,000 and interest rate of KRW 12% from August 27, 2019 to the date of full payment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a lessor who was the owner of the building F in Jung-gu Seoul Metropolitan Government (hereinafter “instant building”) and leased the said building to the Defendants, and the Defendants are the lessees.

B. On February 3, 2018, the Plaintiff leased the lease deposit of approximately 105.91 square meters ( around 32 square meters) on the first floor of the instant building to Defendant B as KRW 10,000,000, monthly rent of KRW 800,000,000 from April 3, 2018 to April 2, 2020 (24 months). From around April 3, 2018, the Defendant B operated the winghouse at the said store. 2) around March 1, 2011, the Plaintiff leased the lease deposit of approximately 20 square meters ( around 6 square meters), which is part of the first floor of the instant building, from KRW 10,000,000, KRW 500,000, KRW 500,000, KRW 301, March 23, 2013 (the above lease deposit).

Since then, the above lease agreement was changed from March 30, 2013 to March 29, 2015, with the lease term of 550,000 won, from March 30, 2013 to March 30, 2015. On March 30, 2015, the Plaintiff, while leasing approximately 20 square meters ( approximately 40,000 square meters, approximately 12 square meters) to Defendant C in addition to the lease deposit, was set up as KRW 10,00,000, monthly rent, from March 30, 2015 to December 30, 2016, the lease deposit was changed from March 30, 2015 to KRW 150,000,000,000 from March 30, 2016 to KRW 100,000,000,000 from December 13, 2016.

3) On October 15, 2017, the Plaintiff leased the second floor G (47.6 square meters, approximately 14 square meters, and approximately 2 square meters) of the instant building to Defendant D as the lease deposit amount of KRW 15 million, monthly rent of KRW 500,000,000, and from October 24, 2017 to October 24, 2019 (24 months), and Defendant D resided in the said G from October 24, 2017 to August 24, 2019. The Plaintiff resided in the Defendant E around August 30, 2013, the second floor Hho (47.6 square meters, approximately 14 square meters, and approximately 2 square meters) of the instant building.

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