(영문) 부산지방법원 2016.12.14 2016가합1710

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(영문) 부산지방법원 2016.12.14 2016가합1710

부당이득금반환 등

Text

1. The plaintiff's claims against the defendant (appointed party) and the appointed party are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. 1) On May 2, 2008, the Plaintiff entered into a lease agreement with the Defendant on May 2, 2008, the Plaintiff’s land C ground (hereinafter referred to as “instant land”) and the instant building.

(C) KRW 90,000,000,000 for lease deposit, monthly rent of KRW 4,150,000 (value added tax; hereinafter the same shall apply) for three floors;

(1) The term of lease was fixed from May 2, 2008 to March 31, 2009 (hereinafter “instant first lease agreement”).

(2) On December 31, 2012, the Plaintiff and the Defendant renewed the above contract by setting the lease term from March 31, 2009 to March 30, 201, and by setting the lease term from March 31, 2009 to March 30, 201, and by setting the lease term from December 30, 201 to December 29, 201, the said contract was renewed by setting the lease term of KRW 5 million and the lease term from December 30, 201 to December 29, 2013. 2) The Plaintiff leased the instant 4th floor from the Defendant from December 31, 208 to December 31, 2008, the Plaintiff set the lease deposit of KRW 60 million, monthly rent of KRW 44 million, and the lease term from December 31, 2008 to April 17, 2009.

(hereinafter referred to as “instant second lease contract”). Afterwards, the Plaintiff and the Defendant renewed the said contract by setting the monthly rent of KRW 4.75 million and the term of the lease from April 17, 2009 to April 16, 2011. The said contract was renewed by setting the monthly rent of KRW 4.9 million and the term of the lease from December 30, 201 to December 29, 201.

3) Of the terms of the instant 1 and 2 lease agreement, Article 5 (Non-Recognition of Business Right) of the 1 and 2 lease agreement does not recognize the part concerning the goodwill following the transfer of the right of lease to a third party after the lease expires as a lessor. Article 6 (Liability for Property Tax) Property Tax (the part concerning the land and buildings of buildings and facilities for high-class recreation centers) imposed according to the Plaintiff’s business type and all the public tasks related to operating rent are borne by the Plaintiff. Article 10 (Where the lease contract is terminated, the Plaintiff shall restore the said real estate to its original state and return

In such cases, the defendant shall return the deposit to the plaintiff.

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