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(영문) 광주지방법원 목포지원 2021.02.17 2020가단50165
부당이득금 등 청구의 소
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On November 27, 2018, the Plaintiff entered into a contract with the Defendant for lease with the fixed deposit of KRW 300,000,000, monthly rent of KRW 35,000,000, and the lease term of KRW 300,000,00 from the Defendant’s land use (hereinafter “instant building”) from the Defendant (hereinafter “instant building”) as a herb doctor, from January 1, 2019 to December 31, 2023.

B. On December 11, 2018, the Plaintiff entered into a contract with the Defendant for the additional lease of the instant building I (hereinafter referred to as “instant lease contract”) with the Defendant on the amount of the total monthly rent of the instant lease contract, as the Plaintiff and the Defendant conflict with regard to the amount of the instant lease contract’s total monthly rent.

On the other hand, the above leased building operated a oriental medical hospital with the trade name "J oriental medical hospital", and separately from the Defendant, the first to the fifth floor of the instant building among the instant buildings was used as oriental medical hospitals, and officetels from the sixth to the sixth floor.

3 Practical lease was also made.

(c)

In order to secure the repayment of the Defendant’s claim against the Plaintiff, the dispute between the Plaintiff and the Defendant regarding what is the secured claim is, will be followed.

On March 4, 2019, the notice of transfer of the instant claim between the Plaintiff and the Defendant was sent to the National Health Insurance Corporation under the name of the Plaintiff to the effect that the Plaintiff transferred 12 billion won of the instant claim to the Defendant (hereinafter “the notice of transfer of the instant claim”) on the date of confirmation that the Plaintiff transferred 12 billion won of the instant claim to the Defendant (hereinafter “the instant claim transfer security agreement”) (hereinafter “the instant claim transfer security agreement”).

From March 2019, the Defendant received the instant bonds from the National Health Insurance Corporation each month, and among them, rents and management expenses under the instant lease contract and rents for three officetels.

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