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(영문) 인천지방법원부천지원 2020.11.18 2019가단26122

토지인도

Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) received KRW 16,00,000 from the Plaintiff (Counterclaim Defendant) and simultaneously received the payment from the Plaintiff (Counterclaim Defendant).

Reasons

Judgment on the Main Claim

A. The Plaintiff’s assertion 1) The Plaintiff is Kimpo-si, Kimpo-si, 11,317 square meters prior to C (hereinafter “instant land”).

(B) The Defendant is the owner of the instant land, and the part (B) in which the Defendant connects each point of (a) 14 square meters in sequence of the indication of the annexed drawing Nos. 1, 2, 3, 4, and 1 among the instant land and each point of (b) the indication of the annexed drawing Nos. 5, 6, 7, 8, 9, 10, and 5 of the annexed drawing Nos. 32 square meters in a ship (hereinafter

(2) On May 9, 2019, the Plaintiff and the Defendant agreed to pay KRW 50,00,000 to the Plaintiff on the condition that the Defendant et al. set up or set up a store container for burial on the ground of the leased object, a temporary building, a container for storage, a container for storage, and a plastic house for six storage (hereinafter “instant agreement”), and paid KRW 50,00,000, while the Defendant paid KRW 50,000,00 on the ground of the leased object, on the ground that the lease agreement between the Plaintiff and the Defendant was null and void due to the violation of the Farmland Act, the Defendant and the Defendant, etc., who were the lessee of the instant land, should deliver the instant leased object to the Plaintiff. Accordingly, the Defendant should return KRW 50,000,000,000 received from the Plaintiff.

3) Furthermore, the Defendant paid only unjust enrichment until December 31, 2019 with respect to the use of the leased object of this case. Since the Plaintiff and the Defendant agreed to pay unjust enrichment amount to KRW 1,100,000 per month, the Defendant shall pay unjust enrichment amounting to KRW 1,10,000 per month from January 1, 202 to the completion date of delivery of the leased object of this case.

참조조문