logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.07.14 2016가합533738
부당이득금
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 February 5, 2008, the Plaintiff leased all 6-9 floors from the Defendant for the purpose of using as a social service education center of the Seoul regional military manpower office for the lease deposit for 700,460,000 won of the lease deposit, 83.2 million won of the rent month (the last day of each month), management expenses for 5,260,000 won (the lessee’s burden), and from March 1, 2008 to December 31, 2009, the lease period of 22 months was determined and leased from the Defendant from the Defendant to December 31, 2009.

After that, the Plaintiff and the Defendant maintained the same amount of the lease deposit: (a) from January 1, 201 to December 31, 2011, from January 1, 2010 to December 31, 201; (b) from January 1, 201, 87,353,750 won per rent; (c) from January 1, 201 to December 31, 201 to December 31, 201; (b) from January 1, 2012 to December 31, 2013, from January 1, 201 to December 31, 201, on condition that the lease is renewed (24 months); and (d) from December 26, 2013 to December 30, 205; and (e) from December 1, 2014 to May 1, 2015; and (e) from May 28, 2014

(B) The lease of each of the instant lease agreements, including the aforementioned lease agreement and the subsequent renewal agreement on February 5, 2008, is “each of the instant lease agreements,” and the leased part is “the location of the instant lease”).

Each lease agreement of this case states that “part 6, 7, 8, 9 stories (including co-owned areas) to be leased” and “area 5,033 square meters” as to the leased object in common (Article 1) and “matters under special agreement” are indicated as the amount per 3.3 square meters based on the calculation of management expenses, but there is no separate entry as to the criteria for the calculation of lease deposit or rent.

C. Since around 2007, the Defendant performed the expansion and reconstruction work that expands the instant building from the existing 8th floor to the 10th floor above the ground surface. At the time of February 5, 2008, the date of the first conclusion of each of the instant lease agreements, the Defendant left only the process of cooling and heating, floor, and tent, etc., and the remainder of the leased site around February 2008.

arrow