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(영문) 서울남부지방법원 2018.06.15 2017가단210499
부당이득금
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. The Plaintiff A is a person who operates the E-building, the 7th floor living facilities in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant building”) with the trade name “F” and the Plaintiff B is a person who leases the 2, 4, and 6th floor of the same building and operates the medical care center.

The Defendant is the owner of the instant building from August 10, 2009 to October 28, 2016, who leased each of the above parts to the Plaintiffs.

B. On December 21, 2012, Plaintiff A concluded a lease contract with the Defendant as KRW 15,00,000, monthly rent of KRW 1.6 million, and KRW 5,000,000 for the first floor of the instant building; concluded the lease contract with KRW 280,000 for the management fee of KRW 56,00,000 for the purpose of increasing the rent of KRW 1.7 million on January 29, 2015, and subsequently renewed the contract with the Defendant to reduce the rent of KRW 1,70,000 for the purpose of KRW 10,000 for the deposit on October 20, 2016.

C. On August 11, 2009, Plaintiff B and the Defendant entered into a lease agreement with the Defendant with respect to approximately 56, 66, 66, 4, and 60 square meters of the first floor of the instant building on approximately 60 square meters, based on the management fee calculated as KRW 5,000 per square meter.

The Plaintiff and the Defendant terminated the contract on December 20, 2012 with respect to the first floor during the implied renewal of the contract, and maintained the contract on the second, fourth, and sixth floor.

【In the absence of any dispute, entry in the evidence Nos. 1, 2, 4, and 5, and the purport of the whole pleading】

2. Judgment on the principal lawsuit

A. The plaintiffs' assertion (i.e., each of the instant lease contracts is a lease with a quantity designated. The area of 153 square meters (46 square meters), 180.5 square meters (45 square meters), 180.5 square meters (5 square meters), and 164.12 square meters (60 square meters) of the area of 6th floor among the instant buildings in fact, the Defendant received rent and management expenses from the plaintiffs in calculating the area of 56 square meters of 2nd, 66, 66 square meters of 4th, 66, and 60 square meters of 164.12 square meters (60 square meters).

Accordingly, the plaintiff A paid the rent of KRW 13,517,857 and the management fee of KRW 2,300,000. The plaintiff B paid the rent of KRW 12.12.

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