beta
(영문) 수원지방법원 2019.04.11 2018나65828

부당이득금

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. 1) The Plaintiff shall lease the instant land from I (contract period: from January 1, 2005 to December 30, 2006; rent of KRW 200,000 per annum: 2 million per annum; the lessor shall remove the land.

The lessee of the Gu-Si shall restore the lease to its original state.

(2) On the ground, Defendant B and the Defendant (hereinafter “Defendant B”) purchased the said land from the Plaintiff on March 5, 2007, and succeeded to the lessor’s status. Meanwhile, Defendant B notified the Plaintiff of the purport that “the said land was sold to Defendant B, such as a vinyl, etc. on the ground of the said land, and that the said land was delivered to the Plaintiff,” and that the Plaintiff would deliver the said land to the Plaintiff by December 2007. However, as the Plaintiff did not deliver the land, I and the Defendant filed a lawsuit against the Plaintiff, stating that “the said land was removed, and the said land was delivered to the Plaintiff,” and that the said claim was accepted, which was finalized on February 5, 2010, and determined on February 20, 2009 to the Suwon District Court, which was concluded on February 20345, 200, the Plaintiff leased the said land to Defendant B and the Plaintiff acquired the said land to the Plaintiff on 14,201.

After the rent, the Plaintiff installed some facilities on the ground above the above land.

Defendant C demanded the Plaintiff to pay the annual rent directly to the Plaintiff around 2005, and the Plaintiff paid the annual rent of KRW 1 million from 2005 to 2007.

Defendant C demanded on September 2008 that part of the land of this case be delivered to the Plaintiff, and the Plaintiff was delivered to the Defendant, and Defendant C demanded that the remaining land be delivered on December 15, 2008, but the Plaintiff did not comply with this.

r. r.