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(영문) 수원지방법원안산지원 2015.09.09 2015가단12635
부당이득금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 24,112,00 and KRW 12,232,774 among the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim, May 19, 2014.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. Defendant and C’s lease contract and business registration, etc. are the same as C’s living together, and C is the first floor above D’s underground and the fourth floor above the ground in Silung-si. (hereinafter “instant building”).

(2) On October 22, 2007, the Defendant leased part of the instant building from C with the lease deposit amount of KRW 50,000,000, monthly rent of KRW 1,000,000, and the lease term of November 15, 2007 from November 15, 2007 to November 15, 2009, and thereafter paid KRW 50,000,000 to C.

On October 26, 2007, the Defendant: (a) written the leased object as “one floor on the left-hand side of the instant building (hereinafter “instant lease agreement”); (b) registered the business of “E” (registration number F; hereinafter “instant business registration”); and (c) submitted a copy of the instant lease agreement (hereinafter “instant business registration”).

2) On August 8, 2011, the Defendant filed a report on the correction of the business registration with respect to the instant business registration: (a) the Defendant filed an application for another business registration (registration number H; hereinafter “instant business registration”) with the location of the instant building as the location of the Silung Tax Office on August 26, 2011.

At the time, the Defendant submitted a copy of the lease agreement (hereinafter “instant lease agreement”) that entered the leased object as “the first floor on the left side of the instant building” from December 15, 2009 to December 15, 201, and the leased object as “the first floor on the left side of the instant building.”

4) On August 26, 2011, G filed a report on correction of business registration with the content that the business operator of the instant building is changed to “G” to “G”, and on August 31, 2011, G filed a report on correction of business registration with the content that the location of business registration of the instant case ① is changed to “YYI”. 5) The Defendant renewed a lease agreement with C, and the part of the first floor on the left side of the instant building, such as the annexed drawing, is the principal business establishment.

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