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(영문) 부산지방법원동부지원 2020.09.22 2019가단210996
부당이득금
Text

1. The Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) KRW 26,110,914 and its related amount from September 1, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Facts of recognition

On May 1, 201, the Plaintiff and Defendant B entered into a lease agreement on the warehouse of “D” portion (hereinafter “instant lease agreement”), which connects each point of the items indicated in the annexed drawings No. 1, 2, 3, 4, and 1, among the first floor of the building D ground (hereinafter “instant building”) owned by the Plaintiff, in the order of the annexed drawings No. 9, 10, 11, 12, 7, 6, and 9, the annexed drawings and the annexed drawings No. 9, 10, 11, 12, 7, 6, and 9.

Article 8 of the instant lease agreement provides that “The lease deposit under the instant lease agreement shall be KRW 30,00,000, monthly rent shall be KRW 2,500,000 (payment on the last day of each month), and the term of lease shall be from May 1, 201 to 12 months.” Article 8 of the instant lease agreement provides that “The lessee shall terminate the instant contract in cases where the removal of the main shop is inevitable for the implementation of the E-Housing redevelopment project even before the expiration of the contract, and shall order the lessee to withdraw the building, and shall not claim all the amount of damage incurred by the lessee to the lessor.”

Defendant B paid KRW 30,00,000 to the Plaintiff, and received delivery of the first shop of this case, and operated a restaurant with a trade name.

On April 2, 2015, the Plaintiff and Defendant C concluded a lease agreement on the part “C” (hereinafter “instant lease agreement”) that connects each point of the items indicated in the separate sheet No. 5, 6, 7, 8, and 5, among the first floor of the instant building, on April 2, 2015. The object of the instant lease agreement No. 2 was “the instant store No. 2”).

Under the instant lease agreement, KRW 30,00,00 for the lease deposit, KRW 2,50,00 for the monthly rent (payment on April 19), and KRW 12,00 for the lease term from April 2, 2015. Article 8 of the instant lease agreement provides that “The lessee is ordered to remove the main store due to the implementation of the G Housing Redevelopment Project, if it is inevitable for the lessee to remove the main store due to the implementation of the G Housing Redevelopment Project.”

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