(영문) 서울중앙지방법원 2019.05.17 2018가합540396

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(영문) 서울중앙지방법원 2019.05.17 2018가합540396

부당이득금 채무부존재 확인 등

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1. The Plaintiff’s unjust enrichment after October 15, 2015 on a sectioned building stated in the separate sheet against the Defendant.

Reasons

1. Basic facts

A. Relevant plaintiffs (the first trade name was "C," but the trade name was changed to "C," June 30, 2006, and as of September 2, 201, respectively) of the parties are companies that open and operate a superstore on the second or fifth floor underground among the building on the second or fifth floor in Seoul Special Metropolitan City E and 3 lots of ground F (hereinafter "the instant aggregate building") in accordance with the Distribution Industry Development Act. The defendant stated that the section for exclusive use attached to the written application for the instant adjustment by the plaintiff as stated in the attached list of the instant aggregate building in the attached list in the instant case is "No. 2 floor H," but in light of the overall purport of the statement and arguments as stated in subparagraph 3, it is obvious that it is a clerical error in "No. 5 floor I," and thus, it is corrected ex officio.

(hereinafter “instant divided stores”) is the owner of the instant divided stores.

B. On April 16, 2013, between the Plaintiff and the Defendant, the terms of the lease agreement between the Plaintiff and the Defendant are as follows (hereinafter “instant adjustment clause”). The instant adjustment clause and the lease agreement between the Plaintiff and the Defendant under the instant adjustment clause are “instant lease agreement”.

)Mediation (Seoul Central District Court 2012Na44081) was established.

2. The defendant shall confirm against the plaintiff that there is a right of lease against the plaintiff as to the divided shop of this case, and shall continue to lease it under the following agreement:

Term of lease: From May 1, 2013 to April 30, 2015

(b) Monthly rent: 517,700 won per month: Provided, That it shall be paid on the 10th of each month;

C. Other detailed matters should be governed by the lease agreement dated June 30, 2006 (hereinafter “the lease agreement of June 30, 2006”) in the annexed sheet to the extent that does not conflict with the pertinent adjustment clause.

2) On June 30, 2006, the lease contract (the lease contract made between the plaintiff and the first owner of the aggregate building of this case and G, the lessor, and the defendant succeeded to the status of lessor from G.

(2).

참조조문

-유통산업발전법

유사 판례

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