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(영문) 서울중앙지방법원 2018.07.20 2017가합578301
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant B”) established for the purpose of the business of manufacturing and selling a par value food, are the owners of real estate listed in the attached list in the name of “D” (hereinafter “instant building”), and the Defendant C Co., Ltd. (hereinafter “Defendant C”) established for the purpose of real estate consulting business and real estate development planning consulting business.

B. On March 15, 2016, the Plaintiff entered into a consulting service contract with Defendant C (hereinafter “instant service contract”). The main contents are as follows.

1. Project project means all the matters related to securing the subject matter (part of the instant building) by Defendant C in proceeding with the development of the store operated by the Plaintiff.

7. 1) The Plaintiff shall pay the service cost agreed upon with Defendant C as a successful fee. 2) The Plaintiff shall pay the service cost of KRW 10,000,000 (excluding value-added tax) as a successful fee when the remainder of lease is paid.

3) Unless a lease contract is concluded, the Plaintiff did not pay the contingent remuneration, and when the contract is terminated after the conclusion of the contract, Defendant C does not refund the service cost already paid. C. On March 15, 2016, the Plaintiff is equivalent to 10 meters north from among Defendant B and the first floor of the instant building, and 283.34 square meters from that east (hereinafter “instant store”).

2) The sales lease agreement to lease the store as a par value food store (hereinafter “instant lease agreement”).

The main terms and conditions of lease are ① for five years from April 15, 2016 to April 14, 2021, ② for 200,000 rental deposit (payment of KRW 20,000,000 on the date of the contract, and payment of KRW 180,000 on March 17, 3016), monthly rent of KRW 8,000,000 (payment of KRW 18,000,000 on March 17, 3016).

On the other hand, the head of Yeongdeungpo-gu Seoul Metropolitan Government is 2012.

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