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(영문) 의정부지방법원 2020.06.18 2019나217163
토지인도
Text

1. Of the judgment of the court of first instance, the part that was reversed by the judgment of remand (Supreme Court Decision 2018Da258975 Decided November 28, 2019) is reversed.

Reasons

1. The portion of the rent from 2013 to July 2015, among the claims filed by the Plaintiff subject to the adjudication of this Court before remanding, was already determined by the judgment of remanding, and was excluded from the scope of the adjudication of this Court. The portion of the rent and the claim for land transfer in 2012 was reversed by the judgment of remanding. The Plaintiff added the claim for removal or removal by this court after remanding, and the claim for return of unjust enrichment equivalent to the rent from August 2015.

Therefore, this part of the rent in 2012 and the claim for return of unjust enrichment equivalent to the rent from August 2015, 2015, the claim for removal and collection, and the claim for delivery of land are only subject to the judgment of this court.

2. Facts of recognition;

A. The Plaintiff is the owner of each land listed in the separate sheet, and the Defendant is a company operating Dki ground and riart in Ski ground in Ski ground C in Spocheon-si.

B. Around 190, the Plaintiff and the Defendant agreed to lease the remaining 5,00 square meters (hereinafter “instant land”), excluding part 5,00 m2 from part 5,00 m2, and 5,003 square meters in the ship connecting each point of 117 square meters and 26,57, 29, 28, 28, 27, 29, 79, and 80 attached appraisal in each of the land listed in the attached list owned by the Plaintiff among the land listed in the attached list owned by the Plaintiff to the Defendant (hereinafter “instant lease”). However, the Plaintiff entered into a contract with the Defendant to pay the first day of the year following the use of the land by taking into account various circumstances, such as the current status of the business (hereinafter “instant lease”).

C. Since then, the Defendant used the instant land as part of skiing ground sprink facilities, etc., and installed a lifts and 92 lighting poles connecting each point of 2m2 square meters in line with each point of 8,89,90,87, and 88 attached Form 88, 90, 87, and 27, which connect each point of 8,28, 7, and 30, linked each point of 8,000 square meters in line with each point of 8,000 square meters in line, 8,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00,000.

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