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Reasons
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(영문) 서울중앙지방법원 2018.04.04 2017가단5147903
부당이득금
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 10, 2016, Nonparty D: (a) concluded a lease agreement with Nonparty D on June 10, 2016, under which Nonparty D would pay KRW 50,000,000, monthly rent of KRW 2,500,000 (value-added tax separate); (b) the lease deposit was set at KRW 10,000,000 on the date of the contract; (c) the intermediate payment of KRW 10,00,000 on December 15, 2016; and (d) the payment of KRW 30,00,00,000 on the date of occupancy on the day of December 15, 2017 (hereinafter “instant lease agreement”); and (c) in accordance with the said lease agreement, D paid the down payment and the intermediate payment to E Co., Ltd. pursuant to the said lease agreement.

B. After that, the instant lease agreement was concluded on May 30, 2017, the Plaintiffs subscribed to the status of D, and the Defendant agreed to accept the status of E Co., Ltd., and the Plaintiffs paid the remainder of KRW 30,000,000 to the Defendant on June 8, 2017.

C. Meanwhile, the instant lease agreement has the following special terms and conditions.

-1, 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 the Schlage business in H and G;

- Not more than -

C. At the beginning of June 2017, the Defendant removed intermediate walls between H and G in accordance with the above special agreement. On June 16, 2017, the Plaintiffs proved to the Defendant that “if the Plaintiff was found to have illegally removed the intermediate bearing wall, and if the Plaintiff cannot conduct its business normally due to the lawful permission of the competent authority in relation to the act of removing the bearing wall until June 19, 2017, the instant lease agreement shall be rescinded from June 22, 2017,” the Defendant sent a certificate to the Defendant on June 23, 2017, and the Defendant paid KRW 50,000,000 and KRW 10,000 paid to the Defendant on June 23, 2017.”

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