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(영문) 서울동부지방법원 2018.11.09 2018가단109906
부당이득금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. (1) On February 9, 2004, the Plaintiff entered into a lease agreement with Defendant B for the first time with respect to the first floor of the fourth floor of Seongdong-gu Seoul Metropolitan Government FF ground (hereinafter “instant building”) and then renewed, modified, on several occasions, on February 9, 2012, with a deposit amount of KRW 20 million, monthly rent of KRW 880,000,000, monthly rent of KRW 880,000, and the contract term from February 9, 2012 to February 9, 2014, and the said contract was explicitly renewed.

Defendant B operated the machinery tools and industrial material wholesalers at the above store.

(2) On December 22, 2004, the Plaintiff renewed the first lease agreement with Defendant C on the third floor of the instant building on several occasions. On February 1, 2012, the Plaintiff concluded the lease agreement by setting the deposit amount of KRW 80 million and the contract term from February 20, 2012 to February 19, 2013, and the said agreement was explicitly renewed.

(3) On November 19, 2015, the Plaintiff entered into a lease agreement with Defendant D with regard to the fourth floor of the instant building by setting the deposit amount of KRW 80 million, monthly rent of KRW 250,000, and the contract period from November 29, 2015 to November 29, 2017.

(4) On May 31, 2014, the Plaintiff entered into a lease agreement with Defendant E by setting the deposit amount of KRW 20 million with respect to the five floors of the instant building, KRW 350,000,000 for monthly rent, and the contract term from April 30, 2014 to April 29, 2016, and the said agreement was explicitly renewed.

B. On November 7, 2017, the Plaintiff concluded a sales contract with H and I as the sales price of KRW 1.45 billion on the instant building, and the holidaying date on January 31, 2018.

C. On December 28, 2017, the Plaintiff received a certificate of content that the buyer may claim KRW 119,430,000 per month as the interest and penalty for construction if the delivery of the instant building was not performed by January 31, 2018 from the purchaser of the instant building.

The Agreement between the Plaintiff and the Defendants (hereinafter “Agreement”).

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