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(영문) 서울중앙지방법원 2021.01.15 2017가합583969
부당이득금
Text

1. Attached 1 Re-Defendants:

A. The plaintiff A’s organization is charged with money in accordance with attached Form 1 among the list of unfair profits of each defendant.

Reasons

1. Basic facts

A. Around 2002, Plaintiff A’s organization (hereinafter “Plaintiff A organization”) concluded a lease agreement on the lease of the old market building and site to Plaintiff B, which is the owner of each real estate listed in the attached Table 3 (hereinafter “former market building”) with Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”).

Plaintiff

B has been operating the Z market by managing the leased market buildings by subleting them to merchants.

B. While the Plaintiff’s organization extended the above lease contract several times between Plaintiff B, it promoted the Z market modernization project to solve the problems caused by deterioration of the market, and as part of the project, the construction of the modern market was carried out as part of the project.

Accordingly, the plaintiffs extended the term of lease on April 2015 to May 31, 2020. However, the plaintiffs' organization determined that the contract can be terminated in whole or in part if necessary for the modernization project of the B market.

(c)

The Defendants are those persons who jointly own, or acquire by transfer, each of the stores with the former lessee (hereinafter referred to as the “former Defendants”) or the former lessee and each of the former lessees, who used each of the stores listed in the column for “location” (hereinafter referred to as the “each of the stores of this case”) in the attached Forms 1 and 2 from among the buildings of the former market from the Plaintiff B.

(d)

Plaintiff

B concluded a sub-lease contract with the merchants located in the old market building including each of the instant stores on a one-year basis to sub-let the old market building and to extend part of the period of time instead of concluding a new sub-lease contract with the Defendants, the Defendants, who were the front of the completion of the modern market, around March 2015.

The contents of the extension period shall be from March 1, 2015 to October 20, 2015.

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