logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2020.12.17 2020가단6955
청구이의
Text

1. The Defendant’s registration of ownership transfer against the Plaintiff (Counterclaim) by the Cheongju District Court 2018Na8737, 2018Na8744 (Counterclaim).

Reasons

1. The Plaintiff filed a lawsuit against the Defendant to file a claim for the registration of ownership transfer of part of the land owned by the Defendant. The Defendant filed a counterclaim against the Plaintiff, without title, to seek payment of the amount calculated at the rate of KRW 72,760 per month from July 5, 2017 to July 5, 2017, which is equivalent to the rent for the portion of the land in the above ship, as unjust enrichment for the portion of the land in the above ship. The Defendant filed a claim against the Plaintiff for the registration of ownership transfer of part of the land owned by the Defendant. The Plaintiff filed a lawsuit against the Plaintiff to seek payment of the amount calculated at the rate of KRW 72,760 per month from the date of delivery of the above part of the land in the ship without title.

[Cheongju District Court Decision 2016Ka103613 (principal lawsuit), 2017Kadan107032 (Counterclaim). As to this, the court of first instance rendered a judgment that dismissed the Plaintiff’s claim on July 19, 2018, and accepted all the part of the Defendant’s claim for counterclaim removal and the claim for extradition. The portion of the claim for unjust enrichment equivalent to the rent is partly accepted, and “the Plaintiff shall pay to the Defendant the money calculated at the rate of KRW 1,842,619 and KRW 72,760 per month from March 7, 2017 to the completion date of delivery of the above portion of “D” land.

Upon the plaintiff's appeal against the above judgment of the court of first instance, the defendant filed an incidental appeal [Cheongju District Court 2018Na8738, 2018Na8744 (Counterclaim), 2018Na8744)]. On May 30, 2019, the appellate court rendered a judgment that changed the part concerning the payment of money in the part concerning the counterclaim in the order of the court of first instance from March 16, 2017 to March 72,760 won, "the plaintiff shall pay to the defendant the money calculated at the rate of 4,136,852 won and the part concerning the counterclaim in the order of the court of first instance from March 16, 2017 to the completion date of delivery of the land in the above ship."

(hereinafter “instant final judgment”). This judgment became final and conclusive on August 30, 2019 by the Supreme Court’s dismissal of the Supreme Court.

[Reasons for Recognition] Each entry of Gap evidence 1-1 to 3

2. The cause of the action.

arrow