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(영문) 부산지방법원 2016.01.28 2014가합40117
부당이득금
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1. The Plaintiff (Counterclaim Defendant) paid KRW 93,654,800 to the Defendant (Counterclaim Plaintiff) and its related amount from January 1, 2014 to January 28, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that hosts and operates the Bac games, and the Defendant is the representative of C, and the Defendant was operating the Hastop (hereinafter “the Hastop of this case”) with the trade name “E” on the second floor of the building located in Busan Shipping Daegu (hereinafter “instant building”).

B. C came to know of the instant building while finding the Plaintiff’s head office, and subsequently, concluded a contract with the Defendant on April 1, 2013 regarding the instant Lestop in order to purchase the instant building and move the head office to another place (hereinafter “the instant primary contract”).

E Agreement on Transfer of Operating Conditions of E Place of Business

1. The actual value of real estate indicated: The actual value of real estate E (trade name) leased in Busan Shipping Daegu D: 32.91;

2. Personal information: Seller B and buyer C (hereinafter referred to as “A” and buyer “B”);

3. Details (1) Where “A” purchases a whole of the 4th floor above the 2nd floor above Busan Metropolitan Transportation Daegu D, within the remaining period ( July 30, 2014) leased from the owner of the building, “B” is assessed and paid to “A” as the purchase price for E (business place).

Provided, That where it is impossible to purchase the object “B” within the remaining lease period of the E business site, “B” shall pay “A” KRW 155 million to “B” as the purchase price for the E business site regardless of its reason, and shall terminate transfer and acquisition transactions of the E business site (all facilities, equipment, deposits, etc.).

(2) “A” to the “B” as of April 15, 2013, as the time of the transfer of the place of business and the subject of the management of the place of business, shall be deemed to have the entire cost of restoration, if the lessor wishes to restore the place of business after the expiration of the lease term.

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