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1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from June 11, 2015 to February 4, 2016.
Reasons
1. The Plaintiff asserted that the Plaintiff leased the instant block block block block structure and store (hereinafter “instant store”) in Busan-gun, Busan-gun, and paid KRW 18,000,000 to the Defendant, a lessee, who had operated a coffee store in the instant store, as premium.
However, most of the stores of this case can not obtain permission for restaurant business as illegal buildings, and they received a written order to voluntarily remove and restore to their original state from the military office of captain.
Since the Defendant did not notify the Plaintiff that most of the instant stores were illegal buildings, and received premium, the Plaintiff was revoked on the ground of deception of the instant premium contract.
Therefore, the defendant should return 10,000,000 won out of the premium and delay damages to the plaintiff as unjust enrichment.
2. Determination
A. 1) From April 1, 2013, the Defendant operated a coffee specialty with the trade name “E” at the instant store from April 1, 2013. 2) The Defendant, operating a coffee specialty, installed outer walls outside the instant store to secure additional space, and covered the plastic panel’s roof in the space between the said panel and the instant store.
3) On June 10, 2015, the Plaintiff entered into a lease agreement with Nonparty C and the instant store with the terms of the lease deposit of KRW 30,000,000, monthly rent of KRW 300,000, and from June 10, 2015 to June 10, 2017, the Plaintiff paid KRW 18,000,000 as the premium to the Defendant, a lessee, on the same day. 4) on November 24, 2015, the captain’s office issued an order to voluntarily remove and restore the instant store to its original state by December 18, 2015, on the ground that the size permitted for the instant store, namely, the size of the single-story housing and store, and the 48.9 square meters as well as 32.5 square meters as the 8.24 square meters as a prefabricated panel without permission.
5 The defendant and C are measured without permission from the person in charge of the captain's office on December 4, 2015.