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(영문) 서울중앙지방법원 2019.05.16 2018나24522
부당이득금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2.(a)

upon a counterclaim filed by this Court.

Reasons

A. A lease agreement to pay (hereinafter “instant lease agreement”) was concluded, and D paid down payment and intermediate payment to E in accordance with the said lease agreement.

In addition, D, around May 2016, leased Hho among the above commercial buildings, and the owners of the above Hho is O.

B. After that, the instant lease agreement was concluded on May 30, 2017 by the Plaintiff A and his father, the joint Plaintiff B (hereinafter “Plaintiffs”) of the first instance court, and the Defendant was decided to accept the status of the Plaintiff E, and the Plaintiffs paid the remainder of KRW 30,000 to the Defendant on June 8, 2017.

C. Meanwhile, the instant lease agreement has the following special terms and conditions.

-1, 2 omitted -

3. A lessor shall exempt the lessee from monthly rent for one month from the date of initial occupancy of an apartment;

4. The lessor shall remove the middle partitions so that the lessee may engage in the Schlage business in H and G;

* The lessor does not occupy P, Q, R, Schlage, or convenience store.

- When they are returned to the lessor due to maturity, they shall be set aside and returned to the lessor 50T in middle walls H, G, S sandbd Location Board 50T.

- Not more than -

D. On June 1, 2017, the Defendant removed the intermediate wall between H and the store of this case under the above special agreement with the Plaintiffs’ consent. On June 16, 2017, the Plaintiffs sent to the Defendant a certificate of the content that “if the Defendant was found to have illegally removed the intermediate bearing wall, and if the Defendant cannot conduct business normally due to the lawful permission of the competent authority in relation to the removal of the bearing wall until June 19, 2017, the instant lease agreement is rescinded from June 22, 2017.”

After that, on June 23, 2017, the Plaintiffs sent to the Defendant a certificate of content that “The amount of KRW 50,000,000,000, and KRW 10,000,000, which was already paid as a result of the cancellation of the above rental contract, shall be paid.”

E. Meanwhile, the Plaintiffs, through I, on June 2017.

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