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1. Upon receipt of a claim for change in exchange at the trial, the defendant shall pay to the plaintiff KRW 13,296,338 and the defendant shall pay to the plaintiff on August 2016.
Reasons
1. Basic facts
A. From around May 31, 2004 to May 31, 2008, the Defendant operated restaurant business in the name of “I” in the building of 3, the Defendant, which is the Defendant on the land of Donju-gun C (hereinafter only referred to as “C”) located on the land of 6281m2, which is owned by the Defendant (hereinafter “instant restaurant building”), which is owned by H, and around May 30, 2008, J leased the instant restaurant building from the Defendant and operated restaurant business.
B. On January 10, 201, the Plaintiff comprehensively acquired all the rights and obligations with respect to the instant restaurant operation, including the instant restaurant operation rights and business rights. On February 11, 2011, the Plaintiff leased the instant restaurant building from the Defendant with a deposit of KRW 20,000,000, monthly rent of KRW 3,000,000, and the lease term of KRW 5 years from March 1, 2011 (hereinafter “instant lease agreement”).
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, and 13 (if there is a serial number, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. In operating the instant restaurant, the Defendant asserted that part of the E, D, F, and G land used as a parking lot (hereinafter referred to as “instant E parking lot”), and the instant D parking lot (hereinafter referred to as “instant parking lot”) and the J and the Plaintiff used the said land as a parking lot. From August 1, 2012 during the Plaintiff’s term of lease, the Defendant installed a vinyl house, etc. in the instant parking lot to interfere with the Plaintiff’s use and profit-making.
Therefore, the Defendant should return to the Plaintiff unjust enrichment equivalent to the rent from August 1, 2012 to February 28, 2016, which is the expiration date of the lease term.
B. The Defendant’s assertion that the instant E/D parking lot was leased to the Plaintiff, but the instant parking lot was not included in the leased object with the Plaintiff, and is attached to the evidence No. 4 (Lease Agreement).