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(영문) 서울서부지방법원 2021.03.18 2019가단244235
부당이득금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The deceased C (Death on December 10, 201), around 2010, owned a third-story building on D ground (hereinafter “instant building”). However, the deceased on December 10, 201, the deceased on December 10, 201, and the Defendant, E, F, and G, who were their successors, succeeded to the instant building (the heir’s share 1/4) through consultation on the division of inherited property.

B. On April 22, 2010, the Plaintiff operated a general restaurant (hereinafter “instant lease”) on a deposit basis, setting the entire area of the land on the instant building (85.85 square meters), from August 2, 2010 to August 1, 2012, the lease period of which was from August 2, 2010 to August 1, 2012, with a deposit of KRW 30 million, monthly rent of KRW 17 million (hereinafter the same shall apply).

(c)

The lease of this case was concluded upon the expiration of the term, and the lease contract was prepared. The terms of the contract are as follows.

(1) On August 2, 2010, the first contract for the lease of a deposit for the period of eight hundred thousand won on April 22, 2010; Defendant C 17 million won on August 1, 2012; and Defendant C 2.3 million won on August 2-, 2012 on August 1, 2012; Defendant 3.5 million won on August 4, 2014; and Defendant 7.5 million won on August 2- 2014 on August 3, 2016; and Defendant 4, Defendant 2.7 million won on August 27, 2016 on July 29, 2016, respectively; and Defendant 7.7 million won on August 3, 2014 on August 3, 2017; and Defendant 1 million won on July 27, 2016 on July 29, 2016

2. Judgment on the ground of the Plaintiff’s claim

A. The contents of the Plaintiff’s claim are as follows.

(1) As to the instant lease, four heirs, including the Defendant, etc., succeeded to the lessor’s status after the lease of the network C.

(2) The lease of this case is legally renewed.

Although the contract was prepared separately from the second to the sixth contract, it is not concluded again.

In addition, the heir of the deceased C such as the defendant will terminate the first contract of the lease of this case.

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