(영문) 서울중앙지방법원 2016.12.01 2016가합552647

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(영문) 서울중앙지방법원 2016.12.01 2016가합552647

부당이득금

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 30, 2012, the Plaintiff decided to lease the instant real estate with the lease deposit of KRW 350 million, monthly rent of KRW 350 million, and the lease term of KRW 60,000,000 from the Defendants of Gangnam-gu Seoul Metropolitan Government D Ground Building (hereinafter referred to as “instant real estate”) without distinction before and after the new construction as seen below, but thereafter, the Plaintiff and the Defendants agreed to have all rights, such as ownership, etc., held by the Defendants.

The lease period: The lease deposit from December 10, 2012 to December 09, 2017: 350,000,000 won monthly rent (excluding value-added tax): the special agreement on KRW 35,00,000.

1. A lessor shall construct a new building on his/her own responsibility and shall construct a new building by reflecting the purpose of use of the lessee to the maximum extent requested by the lessee;

2. A lessee shall pay to a lessor an amount equivalent to the expenses for new construction of a building with premiums, and such premiums shall be appropriated for the expenses for new construction of a building, and premiums shall be determined after completion of the construction;

3. Accordingly, the lessor guarantees the lease period for five years to the lessee and does not increase the lease period for five years (However, this is premised on the premise that the lessee does not pay the rent, public charges, etc., and thus, the lease period and the said premium upon the delay of two months or more shall be immediately extinguished and the lessee shall immediately order the lessor to order the object of the lease). The repayment of the said premium paid to the lessor is not demanded.

4. At the expiration of the five-year rental period, the lessor will be able to lease preferentially to the present lessee, in principle, at the expiration of the five-year rental period, if the lessor does construction directly, such as new construction and extension, at the expiration of the five-year rental period, or if the lessor does not have any intention to sell or use directly.

However, the rent, lease period, etc. shall be separately determined.

5. The present state is.

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