(영문) 의정부지방법원 2016.12.20 2016가단101310 (1)

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(영문) 의정부지방법원 2016.12.20 2016가단101310 (1)

부당이득금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 18, 2012, the Plaintiff entered into a contract with the Defendant for the lease of KRW 50 million for the first floor and half of KRW 244.21 square meters for the third floor among the three-story amusement facilities (hereinafter “the instant building”) of the reinforced concrete structure on the ground, Dabcheon-si, Non-Party C, and three parcels of land (hereinafter “instant building”). Around May 2015, the Plaintiff agreed to reduce the lease amount to KRW 2.3 million for the said leased object (hereinafter “the instant lease agreement”).

B. On September 24, 2015, the Plaintiff paid KRW 3 million to the Defendant, KRW 4 million on the 25th of the same month, KRW 8 million on December 4, 2015, and KRW 23,514,580 on December 17, 2015 (the remaining amount after deducting smoke rent, unpaid gas cost, and electricity tax) and returned the deposit of the instant lease agreement.

C. On December 22, 2015, the Plaintiff agreed with the Defendant with the following content (hereinafter “instant agreement”), and paid KRW 30 million to the Defendant on the 31st of the same month according to the instant agreement.

The plaintiff agrees to sell a building to the defendant without the expiration of the lease period between the tenant and the tenant, and to compensate the defendant for damage of KRW 30 million.

The Plaintiff shall pay to the lessee for a lump sum payment of KRW 30 million and KRW 23,514,580,000 as a security deposit for the lease of the building at the same time when the said building is sold and the purchase price is paid.

In addition, the defendant will not raise any civil or criminal objection at the same time as the lessee's compensation for damage and the return of deposit, and if there is any public charge which has not been settled at the time of the use of the building, it will be settled immediately.

The plaintiff and the defendant of the landlord are to invalidate all agreements in the event of non-performance even one of the above matters.

In the event that a sale of a building is not made, all such sale shall be null and void.

유사 판례

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