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(영문) 광주지방법원목포지원 2015.04.28 2012가단52876
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 8,706,173 as well as 5% per annum from January 8, 2013 to April 28, 2015.

Reasons

1. Basic facts

A. On January 2006, the Plaintiff leased from D 1, 2006, the 2,364m2, and G salt farm 12,63m2 (hereinafter “instant salt farm”).

B. Defendant B entered into a sales contract with D on December 20, 201 with respect to the instant salt farm and facilities installed in the instant salt farm (hereinafter “instant salt farm facilities”), and completed the registration of ownership transfer on January 2, 2012 with respect to the instant salt farm, and Defendant C is the spouse of Defendant B.

C. After that, the Defendants demanded the Plaintiff, who occupied and managed the instant salt farm, to deliver the instant salt farm and the instant salt farm facilities, but commenced possession of the instant salt farm and the instant salt farm facilities around March 2012.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 2, 3, 5, 10, 11, 15, and 32 (including each number), Gap evidence Nos. 1, 3, part of Eul evidence Nos. 1 and 3, witness H's testimony, result of this court's verification, the purport of the whole pleadings

2. Determination on the claim for restitution of unjust enrichment

A. The Plaintiff’s assertion 1) On March 2012, Defendant B acquired the instant salt farms and salt farm facilities from the Plaintiff, and then acquired them from the Plaintiff during the lease period. ① The Plaintiff’s assertion

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