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(영문) 부산지방법원 2019.01.31 2018가합42678
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The defendant is the party. 1) The Busan Metropolitan City Ordinance on the Management of Underpasses shopping Complex from Busan Metropolitan City (hereinafter "Ordinance of this case").

(2) Pursuant to Article 7, the Busan High-gu Busan High-gu shopping district (hereinafter “instant shopping district”) which is public property of Busan High-gu, Busan High-gu (hereinafter “Seoul High-gu”) from December 17, 2017

(2) On December 16, 2017, the first commercial building of this case was entrusted with the management and operation of the commercial building of this case. The first commercial building of this case was created by S Co., Ltd. (hereinafter “S”) and donated it to Busan Metropolitan City, and used it free of charge until December 16, 2017. The Plaintiffs concluded a lease agreement with the Defendant under the proviso to Article 5(2) of the Management and Operation Rules of the Busan Facilities Corporation (hereinafter “the instant lease agreement”) on December 13, 2017, with respect to the stores located in the instant commercial building under the lease agreement.

The main contents of each of the instant lease agreements are as follows, and the Plaintiffs paid all annual rents to the Defendant under the said agreement.

Article 1 (Indication of Rental Property) 1 A. 23.0 49,90,60 m. 115.64 m. 49,60 m. 115.64 m. within the instant commercial building within 2 B. 15.64 m. 3 m., 103.44,00 m. 152.90 m. 69,446,400 m. 152.90 m. 157, 115.5 m. 41,389, 200 m. 16.36 m. within the instant commercial building within 152.5 m. 1,57 m. 2, 2015 m. 34,983,007 m. within the instant commercial building, and 16.17 m. 19,297 m. 16.17.

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