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(영문) 대전고등법원(청주) 2020.04.28 2019나2507
부당이득금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On July 20, 1984, the Defendant entered into a lease agreement and extended the lease agreement. On July 20, 1984, the Defendant is a C large-scale 473 square meters (hereinafter “Before partition”).

A) The registration of ownership transfer with respect to the land and the registration of ownership preservation with respect to the area of 84.0 square meters, which was completed with respect to the registration of ownership transfer with respect to the land, and the registration of ownership preservation with respect to the area of 84.0 square meters, and around September 1986, the foregoing building was extended to 29.10 square meters in storage with respect to the area of the instant oil refinery and the warehouse (hereinafter collectively referred to as “the instant oil refinery building”).

(2) Around 1985, the Plaintiff’s father, deceased E (hereinafter “the deceased”) leased the land before subdivision and the instant association building from the Defendant. At the time of the lease, all public charges, buildings, and machinery repair arising from the operation of the association at the time of the lease was agreed by the Deceased to be responsible for the deceased.

3) The Deceased and the Plaintiff, while operating a gas station together, extended the existing gas station building of this case with a total area of 113.1 square meters (=29.10 square meters) to a total area of 191 square meters, and around 1988, a house with a size of 68 square meters adjacent to the outer wall of the building of the gas station (hereinafter “instant house”).

(4) The Defendant repeatedly concluded a lease contract with the Deceased from January 3, 2010 and entered the land before division into the Plaintiff on January 3, 2010, but the area of the land was 100 square meters.

On January 3, 2012, a lease agreement was concluded with regard to the instant refined building with the rent of KRW 3 million per annum, the lease period until January 3, 2012.

(hereinafter “instant lease agreement”. The instant lease agreement provides that “a lessee shall not use the real estate for any purpose other than the lease purpose without changing its use, structure, etc. without a lessor’s consent. The lessee shall restore the real estate to its original state after the lease term expires (Articles 3 and 5), and the special agreement that the lessee shall bear the cost of maintaining and repairing the buildings and machinery.

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