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(영문) 부산지방법원동부지원 2017.11.29 2017가단201868
부당이득금반환 등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 24,800,000 to the Plaintiff (Counterclaim Defendant) and its related amount from February 18, 2017 to November 29, 2017.

Reasons

1. Basic facts

A. The defendant is the owner of the land and the above ground buildings (D) in Busan-gun.

B. On March 26, 2014, the Plaintiff entered into a lease agreement with the Defendant (hereinafter “instant lease agreement”) on KRW 15,000,000, monthly rent of KRW 1,400,000 (including management fees of KRW 200,000), and KRW 15 months for a period of 15 months (hereinafter “instant lease agreement”), and included the following special terms in the contract terms.

2. The term of a contract shall be extended unless there are unavoidable reasons not to do so, and the period of a lump sum discrimination shall be one year and three months;

- Where it is inevitable due to the incorporation into a river or railroad - Where it is inevitable to operate the business due to a natural disaster or other causes, such as a national maintenance plan, a rental building, or a new extension -

3. Where unavoidable reasons arise, the contract period shall be automatically terminated, and where all rights accrue to the lessor, the compensation for the business and facility expenses of the building in expropriation, directors' expenses, etc. shall be made in full to the lessor and shall not be requested legally; and

8. Due to its characteristics, all of the taxes shall be paid through a certified tax accountant, credit card commission, value-added tax and income tax rate shall be statutory standards, and expenses shall be borne jointly by both tax payers;

C. The Plaintiff paid a lease deposit to the Defendant, and operated the business at a restaurant in this case. The business was done using the Defendant’s business registration and the card terminal owned by the Defendant, and reported tax and credit card sales under the Defendant’s name. Of the instant case, the amount of the sales of the card of the instant restaurant was settled monthly and paid by the Plaintiff.

D Building and site were incorporated into the Empire area recovery project by the Busan Metropolitan City captain-gun on March 2015, and the registration of transfer of ownership was made in the name of Busan Metropolitan City on April 13, 2015 due to the consultation on public land.

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