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(영문) 서울중앙지방법원 2021.03.12 2019가단5256115
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 30,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from June 16, 2019 to August 12, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 27, 1996, the Plaintiff, while running the fiber type boiler business with the trade name “D”, was installed at the above location E company’s steel-frame steam type boiler (hereinafter “the boiler of this case”).

B. On June 20, 2003, the Plaintiff installed the boiler and the indoor tank storage room in the line (A) of the attached Table 1 among the two-story factories [the first floor, 692.81 square meters, the second floor, 80.53 square meters factory (a dormitory, office, etc.; hereinafter “instant building”)], which were newly constructed at the above place, and continued to be used until November 26, 2006, the Plaintiff installed the boiler and the indoor tank storage room in the line (a) connected each point of “1,2, 3, 4, and 1” in attached Table 1.

(c)

On March 7, 2013, F leased approximately 1/2 of the instant building by setting the lease term from March 16, 2013 to two years. On July 22, 2015, F entered into a contract for lease with the lease term as one year from August 16, 2016, and entered into an agreement with the Plaintiff to “transfer the name when the change of the rent is changed.”

(d)

On June 16, 2017, the Defendant entered into a contract with the Plaintiff for the lease of 420 square meters of a floor and 80.53 square meters of a second floor (hereinafter “water for the lease of this case”) from June 16, 2017 to June 15, 2019 during the lease period, with the lease deposit of 30 million won, monthly rent of 2.5 million won (including value added tax), and received delivery of the boiler from the former lessee F.

E. On June 15, 2019, the Defendant delivered water for the leased purposes of this case to the Plaintiff. On June 20, 2019, the Defendant entered into a contract for the transfer and acquisition of environmental-related discharge facilities (No. 14) with the purport that “A transfer of air discharge facilities and wastewater discharge facilities, which obtained permission (report) by the transfer date,” with the Plaintiff’s disturbance, with the instant boiler and indoor tank storage facilities installed as it is, and on June 20, 2019, the Plaintiff transferred all of the instant leased water to the Plaintiff.

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