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(영문) 서울동부지방법원 2014.06.13 2013가합4119

부당이득반환

Text

1. The Plaintiff; Defendant B’s KRW 4,820,400 from May 2, 2014; Defendant C’s KRW 7,107,00 and its amount.

Reasons

1. The following facts can be acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1, 3, and 4:

On May 15, 1975, F has completed the registration of ownership transfer with respect to the area of 2,612 square meters, G G, and on October 15, 2006, F agreed to the Defendant C that the lease contract may be terminated at any time at the time from October 15, 2006 to October 14, 2009 on the lease deposit amount of 200 square meters, which is part of the above land. < Amended by Act No. 7973, Oct. 15, 2006>

B. Around March 6, 2007, the previous 2,612 square meters of G was divided into 1,422 square meters of G and 1,190 square meters of Hacheon-si, Jungcheon-si, and the previous 1,190 square meters of H prior to Jungcheon-si, and around April 4, 2007, the previous 1,190 square meters was divided into 430 square meters and 760 square meters prior to Jungcheon-si, Jungcheon-si (hereinafter “instant land”).

Part of the instant land is part of the 200 square meters under the said lease agreement.

C. The Plaintiff purchased the instant land from F on April 13, 2007 and completed the registration of ownership transfer on the 17th of the same month, and F notified Defendant C on May 23, 2007 that the said lease was terminated. Accordingly, on November 23, 2007, the said lease contract was lawfully terminated.

On the other hand, among the instant land from November 23, 2007 to the time of the closing of argument in this case, Defendant B installed a vinyl on each of the (i) parts on the ship (g) connected with each of the points in the attached Form 5, 4, 36, 37, and 5 (hereinafter “Defendant B’s land”) and 230 square meters of the part (h) connected with each point of 40, 43, 44, 41, and 40 in the same drawing (hereinafter “Defendant C’s land”), and Defendant D installed a vinyl on each ground (i) part (g) connected with each point of 46, 47, 48, 1, and 46 square meters of the same drawing (hereinafter “Defendant C’s land”) and occupied the relevant part of the land by cultivating flowers crops within that scope.

E. The Plaintiff is against the Defendants.