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(영문) 서울서부지방법원 2019.06.14 2018나39291
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's claim for consolation money added in the trial is dismissed.

3...

Reasons

1. Basic facts

A. (1) On February 11, 2015, the Plaintiff and the Defendant and Yongsan-gu Seoul Metropolitan Government D Building E (hereinafter “instant real estate”).

(B) As to the instant lease agreement, deposit KRW 50 million, monthly rent KRW 500,000,000, and the period from February 26, 2015 to February 26, 2017 (hereinafter “instant lease agreement”).

A) Around that time, the Defendant entered into the instant lease agreement and received KRW 50 million from the Defendant. (2) The main contents of the instant lease agreement are as follows.

Article 3 (Change of Use, Sub-lease, etc.) No lessee shall change the use or structure of the above real estate, sub-lease, transfer the right of lease or offer the security, or use it for any purpose other than the purpose of lease without the consent

Article 5 (Termination of Contract) Where a lease contract is terminated, the lessee shall restore the above real estate to its original state and return it to the lessor.

In such cases, the lessor shall return the deposit to the lessee, and if the rent in arrears or the amount of compensation is paid, he/she shall restrain it and refund the balance.

Article 7 (Non-performance of Obligations and Compensation for Damages) Where a lessor or lessee has defaulted on the terms and conditions of this contract, the other party may give written peremptory notice to the person who has defaulted and rescind the contract.

In such cases, the parties to the contract may claim damages from the other party due to the cancellation of contract, respectively, and the contract deposit shall be deemed as compensation for damages, unless otherwise agreed.

[Matters of Special Agreement]

3. A monthly rent shall be KRW 500,000,000, which shall be imposed when taxes are deducted or taxes are imposed by the National Tax Service due to monthly rent shall be borne by all the tenants.

B. Since then, the Plaintiff received the instant real estate from the Defendant on the expiration date of the instant lease agreement, and returned KRW 40 million out of the lease deposit to the Defendant.

C. The Defendant filed against the Plaintiff as Seoul Western District Court 2017 Ghana40300.

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