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(영문) 울산지방법원 2020.06.11 2019나753
부당이득금
Text

1. Of the judgment of the first instance court, KRW 1,781,346 against the Plaintiff and its related thereto from November 3, 2018 to June 11, 2020.

Reasons

1. Facts of recognition;

A. On December 31, 2014, the Plaintiff leased each of the lands listed in the separate sheet (hereinafter “each of the instant lands”) to the Defendant as of KRW 5 million in deposit, KRW 1 million in monthly rent, and December 31, 2016 in the lease period, and the Defendant operated the fixed property business on the said land.

B. After the expiration of the lease term, the Plaintiff filed a lawsuit against the Defendant on the claim for the transfer of land under this court’s 2017da59491, and this court rendered a decision in lieu of conciliation as follows (hereinafter “instant compulsory conciliation decision”) on November 7, 2017, which became final and conclusive on November 23, 2017.

Decisions

1. The Defendant up to April 30, 2018, to the Plaintiff:

(a) deliver each land listed in the separate sheet of real estate;

B. Of the land indicated in paragraph (2) of the attached list of real estate in the attached Form No. 2, the part (C) in the ship connecting each point of (a) section of the attached Form No. 1, 2, 7, 8, and 1 in order to connect each point of (b) section of the attached Table No. 2, 30 square meters of containers on the ground surface, and 2, 3, 6, 7, and 2 in the attached Form No. 2, 2.5 square meters of containers on the ground surface, and 3, 4, 5, 6, and 3 in the attached Form No. 2, which connects each point of (b) section (c) section of the attached Table No. 18 square meters of containers on the ground surface, and 10 square meters of the attached Form No. 9,10, 11, 12, and 9

2. The Plaintiff waives all the monthly rent that occurred as of October 31, 2017 with respect to the lease contract for each land listed in the separate sheet of real estate concluded between the Plaintiff and the Defendant, and does not claim that the Defendant is the monthly rent from November 1, 2017 to April 30, 2018.

3. The plaintiff and the defendant confirmed that no claim for the refund of the lease deposit against the plaintiff did exist, and the defendant did not claim all the monetary claims against the plaintiff, including damages, while returning the land of this case within the deadline set in paragraph (1).

4. The plaintiff waives the remaining claims.

5. The costs of lawsuit shall be borne by each person;

B. The defendant

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