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(영문) 서울북부지방법원 2020.03.04 2017가단121721

부당이득금

Text

Defendant B’s KRW 15,00,000 and its amount are 5% per annum from July 6, 2017 to March 4, 2020.

Reasons

Basic Facts

On October 3, 199, D, the husband of the Plaintiff, purchased from Defendant C and ASEAN the F and G lands (hereinafter referred to as “each land of this case”) from Chungcheongnam-gun Hong-gun, Hong-gun, and I (hereinafter referred to as “the sale of this case”), and completed the registration of ownership transfer under the name of the Plaintiff on December 16, 199 and December 17, 199.

At the time, Defendant B, the husband of Defendant C, had established and operated a salthouse on each land of this case.

(A) On April 18, 2017, the Plaintiff sold each of the instant land to H, etc., and on May 18, 2017, the date of surrender was extended to June 21, 2017.

D When paying KRW 15,00,000 to Defendant B on May 24, 2017 (hereinafter referred to as the “1st,”) and receiving written confirmations from Defendant B as follows (hereinafter referred to as the “written confirmations”), there is no separate signature or seal on D and Defendant B’s name stated at the lower end.

4 Dong 15,00,000 won after complete removal shall be paid for 15,00,000 as the condition of crushing, and approximately 80,00 of black chlorates shall also be paid at the same time. The date of removal shall be the date of removal, provided that 3 Dong 15,000 won shall be paid for 15,00,000 won after complete removal.

6.8. The term "cat" means within the limit of 8.

On June 12, 2017, the Plaintiff, the owner of the president of the livestock shed and the owner of black salt farm, transferred KRW 10,000,000 to the Defendant C’s account.

(hereinafter. (2) On the other hand, the Plaintiff requested I to remove the instant stable from June 13, 2017 to June 19, 2017, and paid KRW 28,490,000 to I for the removal construction cost on June 23, 2017.

[Grounds for recognition] The plaintiff filed a claim 1 of facts without dispute, Gap's 1, 3, 6 through 9, 11, 13, 15, Eul's evidence Nos. 2 and 5 (including each number), witness J's testimony, and the purport of the whole pleadings. The plaintiff did not remove the plaintiff's livestock shed as of December 15, 199 and did not remove it without permission until the plaintiff removed the livestock shed of this case.