(영문) 의정부지방법원 2019.10.17 2018나202935

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Reasons

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(영문) 의정부지방법원 2019.10.17 2018나202935

부당이득금

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1. The plaintiff (Counterclaim defendant)'s appeal on the principal lawsuit is dismissed.

2. Any counterclaim that has been modified or expanded by the court.

Reasons

1. Basic facts

A. On May 2016, the Plaintiff: (a) leased the E (hereinafter “instant store”) among the stores located in Gyeyang-gu D apartment complex in Gyeyang-gu Seoul Metropolitan City (hereinafter “instant shopping complex”); (b) around December 15, 2016, the Plaintiff paid KRW 20,000,000 as the contract deposit and intermediate payment to the said company.

B. On May 30, 2017, the Defendant purchased the instant store after accepting the said lease agreement, and entered into a new lease agreement with the Plaintiff by setting the lease deposit amount of KRW 50,000,000 (including value-added tax), monthly rent of KRW 3,300,00 (including value-added tax), June 3, 2017, and June 2, 2019, respectively, by adding the following special terms to the said lease agreement:

(hereinafter referred to as “instant lease agreement”). -1, and 2 omitted

3. A lessor shall exempt the lessee from monthly rent for one month from the date of initial occupancy of an apartment;

4. The lessor shall remove the middle partitions so that the lessee may engage in Schlages in E and E and F;

5. The lessor shall not shop the main shop G, H, and I, Schlage and convenience points.

- Not more than -

C. On June 14, 2017, the Defendant removed an intermediate wall between the instant store and F pursuant to the foregoing special agreement. On June 14, 2017, the Plaintiff sent to the Defendant a certificate of the content that “if the Plaintiff was verified to have illegally removed the intermediate bearing wall, and if it is impossible for him/her to normally operate his/her business because he/she was legally permitted by the competent authority in connection with the act of removing the bearing wall, by June 19, 2017, he/she shall cancel the instant lease.” On June 23, 2017, the Defendant sent to the Defendant a certificate of the content that “The Plaintiff would cancel the instant lease if he/she was legally unable to operate his/her business normally due to the lack of permission from the competent authority.” On June 23, 2017, the Defendant sent to the Defendant a certificate of the content that “the down payment and intermediate payment paid at KRW 20,000,000,000.

On the other hand, the plaintiff was through J on 2017.

유사 판례

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-대전지방법원홍성지원 2017.11.29 2017가단5570

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