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(영문) 수원지방법원안산지원 2016.01.29 2015가단10424
부당이득금
Text

1. The plaintiff's claim against the defendant (appointed party) and the appointed party is all dismissed.

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

Reasons

1. Basic facts

A. On May 18, 2010, the Plaintiff and the Defendants concluded a lease agreement with respect to the second floor (hereinafter “instant real estate”) among the sixth floor buildings located on the 6th floor located in Gwangju-si Co., Ltd. owned by the Defendants (hereinafter “instant real estate”) with the content that the lease deposit is KRW 70,000,000, monthly rent is KRW 3,500,000, and the lease term is from July 10, 201 to July 9, 201.

B. After the conclusion of the above lease agreement, the Plaintiff paid the Defendants a lease deposit of KRW 70,00,000 (=the remainder of KRW 5,000,000) and additionally paid KRW 25,000,000 as the purchase price for the existing place of house and facilities, and began to operate a video slab (general restaurant) with the trade name “D” from the instant real estate around July 2010.

C. Afterwards, the Plaintiff and the Defendants have renewed the instant real estate rental agreement or renewed the said agreement on the same condition.

On June 20, 2013, the Plaintiff and the Defendants agreed to reduce the deposit and rent for lease with respect to the instant real estate, and concluded a lease contract with the content that the deposit is set at KRW 50,000,000, monthly rent, KRW 2,500,000, and the term of lease from July 9, 2013 to July 9, 2014. The Defendants returned KRW 20,000,000, which were reduced to the Plaintiff around that time.

E. As the term of the lease agreement expired on June 20, 2013, the Plaintiff and the Defendants concluded a lease agreement with the content that the term of the lease agreement expires, on July 9, 2014, with respect to the instant real estate, KRW 50,000,000, monthly rent 2,500,000, and the term of the lease from July 10, 2014 to December 31, 2014, respectively.

F. Meanwhile, while operating a video camera in the instant real estate, the Plaintiff did not pay rent, management fee, electricity fee, etc. over several times.

G. As of July 9, 2014, the term of lease of a lease agreement expired.

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