(영문) 전주지방법원군산지원 2015.01.15 2014가단50932

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(영문) 전주지방법원군산지원 2015.01.15 2014가단50932

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 June 23, 2006, C, the husband of the Plaintiff, entered into a lease agreement with the Defendant on the lease deposit amount of KRW 200,000,000,80,000, and from October 1, 2006 to September 30, 201, the lease agreement was concluded between the Plaintiff and the Defendant to change the lessee’s name of the lease agreement into the Plaintiff on October 1, 201, with the agreement that the lease agreement was concluded between the Plaintiff and the Defendant on the lease deposit amount of KRW 155,50,00 (hereinafter “instant 101 store”).

B. On September 26, 201, the Plaintiff and the Defendant added to the instant 101 store: (a) the lease deposit amount of KRW 200,000,000; (b) monthly rent of KRW 6,000,000; and (c) the lease period of KRW 6,00,000; and (d) the lease contract was renewed by setting the period from October 1, 201 to September 30, 201; and (b) the lease contract was renewed by stipulating that “101,00,000,000,000,000,000,000,000,000.”

C. While the Plaintiff operated the “E”, a sports brand at the store No. 101 of the instant case, the Plaintiff had been willing to re-contract the instant store No. 101 to the Defendant in the lower order in 2012 or early 2013, and the Defendant expressed that he did not intend to re-contract to the Plaintiff.

On March 22, 2013, the Plaintiff entered into a real estate right transfer agreement with SK Telecom Co., Ltd. (hereinafter “SK Telecom”) to transfer all facilities and leases relating to the store No. 101,50,000 premium (a contract deposit of KRW 15,00,000 on March 27, 2013; an intermediate payment of KRW 40,000,000 on April 3, 2013; and a balance of KRW 95,00,000 on April 24, 2013; and a real estate right transfer agreement to invalidate a contract where a lease agreement is not concluded with the owner of the instant building; the lessee of the store No. 1010,02, adjacent to the store No. 1010, among the instant building, of the instant case, between the Kcom and the Kcom Co., Ltd., 100 and the Kcom. 30,010.

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