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(영문) 수원지방법원안산지원 2015.11.12 2014가합23536
부당이득금
Text

1. The plaintiffs' primary claims and the plaintiff's conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On September 2003, the Plaintiffs newly constructed and completed the 10 foot building (hereinafter “instant building”) on the 29th of the same month, and completed the registration of initial ownership in the names of the Plaintiffs (Plaintiff A’s share 9/10, Plaintiff B’s share 1/100), and thereafter operate a mutual telecom with “Fel” from the 1st to 10th of the above building on the 29th of the same month.

B. The Defendants, among the instant buildings, enter into a lease agreement with Plaintiff A on the first floor 200 square meters above the ground of the instant building in a successive manner as follows, and are engaged in or are engaged in entertainment tavern business in each of the following areas:

① On July 25, 2007, Defendant D leased the lease deposit of KRW 50,000,000, monthly rent of KRW 3,000,000 (excluding value-added tax) and the lease term of KRW 36 months from July 15, 2007, and extended the lease term of KRW 36 months on July 25, 2010.

② On April 16, 2012, Defendant C leased the lease deposit amounting to KRW 50,000,000, monthly rent of KRW 3,000,000 (excluding value-added tax), and from April 16, 2012, the lease period of KRW 24 months with the name of the lessee H.

(3) The Defendant E set the lease deposit of KRW 50,00,000 on June 10, 2014, monthly rent of KRW 3,000 (excluding value-added tax), and the lease term of KRW 3,00,00 on June 10, 2014 to KRW 24 months from June 10, 2014.

C. The instant building does not separate the electric measuring instruments and water measuring instruments of FMoel and G main points, which are the ground floor, from G main points, which are underground floors, and thus imposes electricity and water rates on the entire building. However, with respect to electricity, the instant building is subject to separate measuring instruments on August 21, 2014, and the electricity rates of FMoel and G main points are separately imposed.

On June 5, 2008. 16. 5,300,000 D B B on July 5, 2007. 17. 16. 5,300,000 D B on October 15, 2007. 16. 5,300,000 D B on November 15, 2007. B on December 17, 2007. 17. 5,300,300,00 D on December 17, 2007; 17. 5,300,000 B on October 5, 2008; 17. 00,00 D on October 5, 2008;

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