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(영문) 서울남부지방법원 2014.06.25 2014가단448

채무부존재확인 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff owned “97 square meters and C road 1,776 square meters (each of the above land was expropriated to the Defendant on November 15, 1997)” but filed a lawsuit against the Defendant seeking restitution of unjust enrichment (the claim amounting to KRW 36,98,192) with the Cheongju District Court Chungcheong District Court, 99Kadan5746, on the ground that the Defendant occupied and used part of the above land by allowing the Defendant to use it as a passage.

B. On December 28, 200, the above judgment of the court of first instance recognized only part of the plaintiff's above claim and rendered a judgment in favor of the plaintiff on December 28, 200 that "the defendant shall pay to the plaintiff 1,401,923 won with 5% interest per annum from September 18, 199 to December 28, 200, and 25% interest per annum from the next day to the date of full payment." The plaintiff appealed only. The above judgment of the court of first instance (Cheongju District Court 2001Na490) accepted part of the plaintiff's appeal and revoked the part of the plaintiff's plaque which falls under the order to pay under the following part of the judgment of the court of first instance. The defendant was sentenced to the plaintiff 20,354 won and the above judgment with 25% interest per annum from September 18, 199 to June 20, 199 to the date of full payment."

C. On the other hand, the defendant filed an application with the plaintiff as the respondent for confirmation of litigation costs related to the first and second trials as to "Cheongju District Court Chungcheong Branch 2003Kaga98," and on September 24, 2003, the above court rendered a decision on Sep. 24, 2003 that "the defendant shall fix that the respondent is 2,950,050 won in the amount of litigation costs to be paid by the respondent according to the court's decision on December 28, 2000 between the above parties and the Cheongju District Court Decision 2001Na490 decided June 20, 202."

Based on the above determination of the amount of litigation costs, the defendant is "Cheongju District Court Chungcheong Branch D" and "Cheongbuk-do E" owned by the plaintiff.