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(영문) 울산지방법원 2014.10.30 2014가합3180
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 198, 1998, the Plaintiff leased to the Defendant a lease agreement with the Defendant on the first floor of 301.21.21, 201, 319.65 square meters, 319.65 square meters, 319.65 square meters, 319.65 square meters, 101 square meters, 173.65 square meters among 332.17 square meters in the underground floor (hereinafter “instant store”) among the 332.17 square meters in Ulsan-gu, Ulsan-dong, Ulsan-do, 178-2, 78-2, 178, 178-2, 301 square meters in the fourth floor, 319.65 square meters in the 2nd floor, 319.65 square meters in the 319.

(2) The Plaintiff and the Defendant’s lease contract with respect to the instant store (hereinafter “instant lease contract”). Terms and conditions of lease ① Deposit of 250,00,000 won for three years from the date of delivery on December 2, 1998; ② Deposit of 250,000 won from December 31, 2002 to December 31, 2005; ③ Deposit of 250,000 won from January 1, 2006 to December 31, 2005; and 6.0,000 won from January 31, 200 to December 1, 2007; and (6) Additional Deposit of 20,000 won from January 21, 201 to December 30, 201; and (7) Additional Deposit of 0,000 won from January 1, 201 to December 31, 201

B. On March 2014, the Defendant notified the Plaintiff that the instant lease contract was terminated.

C. On August 7, 2014, the Plaintiff returned KRW 250,000,000 to the Defendant.

[Ground of recognition] Gap evidence Nos. 4, 10, Eul evidence Nos. 1 (including branch numbers), the purport of the whole pleadings

2. The Plaintiff’s assertion that the instant lease agreement was unfair legal act and thus null and void. Accordingly, the Defendant occupied and used the instant store without any legal ground. Thus, the Defendant’s allegation that the Defendant was unjust enrichment of KRW 187,975,821 during the period from 2001 to 2010.

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