(영문) 인천지방법원 2015.05.19 2013가합2906

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(영문) 인천지방법원 2015.05.19 2013가합2906

부당이득금반환

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1. The defendant shall be the plaintiff.

A. Of the size of 1,494 square meters in Gangseo-gun, Gangwon-do, the respective points are indicated in the attached Form 17, 18, 48, and 17.

Reasons

1. Basic facts

A. On August 20, 2007, the Plaintiff indicated approximately 600 appraised volume Gap No. 3 among the real estate listed in the attached list owned by the Defendant, E, and the Plaintiff (hereinafter “instant real estate”), on August 20, 207, in the real estate lease agreement with approximately 600 appraised volume Gap (hereinafter “600 square meters”). However, the area of the instant land C is below approximately 452 square meters, and the Plaintiff used it for the parking lot, and the Defendant occupied all of the instant real estate under the instant lease agreement. Accordingly, the object the Plaintiff actually leased to the Defendant is about 600 square meters, which was not occupied by the Plaintiff among the instant real estate, notwithstanding the entries in the said contract.

B signed a real estate lease agreement to lease to the Defendant and E (hereinafter “instant lease agreement”) with the period from August 20, 2007 to December 31, 2007, setting the deposit amount of KRW 2 million, KRW 2 million, and the term of lease from August 20, 2007 to December 31, 2007.

B. The Defendant paid 2 million won to the Plaintiff at the time of the conclusion of the instant lease agreement, and paid 2 million won to the Plaintiff each year from 2007 to 2012 as rent, and continued to occupy part of the instant real estate.

C. On June 12, 2012, the Plaintiff notified the Defendant of the termination and reinstatement of the instant lease agreement on the following grounds, and the said notification was served on the Defendant around that time.

Title C. Termination of the Real Estate Lease Agreement

1. The Plaintiff and the lessee entered into a real estate lease agreement on August 20, 2007.

The content of the contract was that approximately 600 square meters of land C owned by the Plaintiff was used for about four months from August 20, 2007 to December 31, 2007, on condition that deposit 2,000,000 won and rent 2,00,000 won.

2. However, since 2008, the defendant voluntarily proposed termination of the contract by violating the above contract terms.

Details of the contract shall be as follows:

(1)

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