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(영문) 서울중앙지방법원 2020.02.07 2019나20206
부당이득반환청구
Text

1. Revocation of the first instance judgment.

2. Part concerning the claim for return of unjust enrichment in the instant lawsuit is KRW 21,763,430.

Reasons

1. Basic facts

A. On August 8, 2014, the Plaintiff entered into a lease contract with the Defendant, setting the lease term of KRW 14,00,000, monthly rent of KRW 2,100,00 with respect to the first floor H and I (hereinafter “instant store”) of the Jung-gu Seoul Metropolitan Government C market 1st, from August 8, 2014 to December 31, 2014, and used the instant store as a clothing store.

(hereinafter referred to as “the primary lease contract”). (b)

On January 9, 2015, the Plaintiff entered into a lease agreement with the Defendant with the term of lease from January 1, 2015 to December 31, 2015, with respect to the instant store as KRW 30,000,000, monthly rent of KRW 3,400,000, and the special terms and conditions are as follows: “This agreement is not renewed upon the lessee’s request for renewal of the contract, but is not completely related to the standards for requesting an increase of 9/100 of the Commercial Building Lease Protection Act by re-contract with the parties without any objection. Accordingly, the lessee does not institute any legal lawsuit, such as unjust enrichment, and Supreme Court Decision 2013Da80481 Decided February 13, 2014.”

(hereinafter “Second Rental Contract”). The Plaintiff paid the Defendant a deposit for lease under the second Rental Contract, and continued to use the instant store.

C. On March 9, 2016, the Plaintiff entered into a lease agreement with the Defendant again, setting the lease term as KRW 30,000,000, monthly rent, KRW 3,700,000 with respect to the instant store from January 1, 2016 to December 31, 2016.

(D) The Plaintiff, while using the instant store, transferred the right to lease under the third lease agreement to L on July 26, 2016 to L in KRW 350,00,000, and did not receive a refund of the deposit for lease separately from the Defendant at the time of the said agreement. [In the absence of any dispute over recognition, Party A, 1, 3, 9, 10, 11, and 11.

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