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(영문) 서울고등법원 2016.08.18 2015나2029280

부당이득금반환

Text

1. The judgment of the court of first instance is modified according to the Plaintiff’s reduction of claim and the Defendant’s appeal as follows.

Reasons

Basic Facts

A. On August 20, 2007, the plaintiff and the defendant and E entered into a lease agreement with the following contents:

(hereinafter “The instant lease agreement” refers to the Defendant’s death, and E was residing in a house located in D land at the time). A lessor, lessee, and E object: (a) the special agreement is entered into between the Plaintiff, the Defendant, and the Plaintiff, the lessee, and the E object: approximately KRW 600,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

(2) Before H, planting shall waive the right to seedlings.

(3) The installation of a set of facilities shall be subject to the prior permission of the lessor.

(4) This contract shall be concluded upon deposit by the lessee of the aggregate amount of deposit and rent (4 million won) to the IJ of the Japanese bank account of the lessor.

B. Around that time, the Defendant remitted KRW 4 million to the above J (the representative of the Plaintiff) account, and thereafter, remitted KRW 2 million each year to the said account by 2012, and even after the instant lawsuit was filed, remitted KRW 2 million to the said account on August 20, 2013 and August 25, 2015.

C. At the time of the conclusion of the instant lease agreement, the portion inside the ship connected each point of 10,22, 12, 13, 14, 47, 46, 45, 44, 43, 42, 41, and 10 of the attached drawings among the land C, and the portion of 2,403 square meters in the ship connected each point of 806 square meters among the land D and the portion of 2,3,4, 5, 6, 7, 8, 9, 10, 10, 41, 40, 39, 38, 37, 36, 35, 34, 33, 32, 31, 30, 29, 28, and 2403 square meters in the same drawings among the land D are used as a parking lot or road possessed by the Plaintiff.

On the other hand, on May 2007, the Plaintiff surveyed the boundary of each land of this case and K 5,66 square meters by requesting the Korea Cadastral Survey Corporation.

E. (1) At present, parts (1) are generally miscellaneous forests.

(2) Warehouses, etc. owned by the Defendant are located in the part, and (3) the part is constructed after the conclusion of the instant lease contract with the housing owned by the Defendant (hereinafter referred to as the “instant housing”), toilets, levees, and parking lots created by the Defendant.