(영문) 서울중앙지방법원 2015.04.28 2014나36428

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(영문) 서울중앙지방법원 2015.04.28 2014나36428

부당이득금

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1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) shall be revoked, and that part shall be revoked.

Reasons

1. Basic facts

A. (1) On June 14, 201, the Plaintiff leased the instant lease contract between the original Defendant, to the Defendant on June 14, 201, the Plaintiff leased the instant land and its ground reinforced concrete building 1 and 2 neighborhood living facilities (hereinafter “instant lease contract”) (hereinafter “instant real estate”). The main contents are as follows.

Article 1 (Purpose) For the lease of the above immovable property, the lessor and the lessee shall pay by agreement the lease deposit and the rent as follows:

- Deposit KRW 100,000,000 (the contract deposit of KRW 50,000,000 shall be paid and received at the time of the contract, and any balance of KRW 50,000,000 shall be paid on July 4, 201) - The rent of KRW 6,000,000 shall be paid on the fourth day of each month.

Article 2 (Duration) The lessor shall deliver the said real estate to the lessee by July 4, 201, in a condition that it can use and benefit from the said real estate for the purpose of the lease, and the term of lease shall be from the date of delivery to July 3, 2019.

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.

Matters of special agreement

1. 45 days from the commencement date of lease shall be the construction period, and no rent shall be paid during the construction period;

3. The lessor and the former lessee shall change the purpose of use to enable the whole of the leased object to be a general restaurant of the first-class neighborhood living facilities by the remainder date. If this is not fulfilled, this contract shall be terminated and paid down payment shall be refunded in full;

5. A lessee may make a large repair during the lease period;

6.The value-added tax shall be separately paid and 10% of the rent shall be paid together with rent.

(2) The Plaintiff, the Defendant, and the former lessee of the instant real estate: (a) around that time, the Plaintiff and the former lessee of the instant real estate agreed to the following terms and conditions (hereinafter “instant third party agreement”).

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