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(영문) 서울중앙지방법원 2014.01.14 2013가단46342
손해배상
Text

1. The Plaintiff, and Defendant B, Defendant C, and D, respectively, KRW 5,55,55, and each of them from March 6, 2013 to March 6, 2013.

Reasons

1. Basic facts

A. On November 15, 2003, the Plaintiff purchased the land listed in the separate sheet from the Defendants in the purchase price of KRW 431 million (hereinafter “instant purchase”) and completed the registration of ownership transfer on the said land on February 25, 2004.

At the time of the instant sale, Defendant B owned 5/9 shares, and Defendant C and D owned 2/9 shares, respectively.

B. In the sales contract (No. 1) drafted in the course of the instant sales and purchase, the phrase “it is possible to farming for two years in the future the land, i.e., fruit trees and facilities (including fruit trees), i.e., former E, and F., the sales and purchase contract (No. 1).”

C. Meanwhile, G leased the land listed in the separate sheet Nos. 1 and 2 (hereinafter “instant land”) from the Defendants, and around May 2001, G installed a vinyl house on the said ground, and planted spawd trees (hereinafter “the instant ground property”) by planting spady trees (referring to plastic houses and spady trees).

On April 30, 2004, after the Plaintiff acquired the land listed in the separate sheet, the Plaintiff entered into a lease agreement with G to September 30, 2006 with regard to the instant land and the land listed in the separate sheet No. 4, and the lease term was extended to September 30, 201 upon the expiration of the lease term.

On January 20, 2012, the Plaintiff filed a lawsuit seeking the delivery of leased land and the payment of unpaid rent against G on January 20, 2012 (Tgu District Court 2012dan637, hereinafter “instant lawsuit”).

G refused to deliver the pertinent article while demanding compensation for the said article as the instant ground property was owned by itself in the above lawsuit, and claimed a return of unjust enrichment equivalent to the value of the said article as a counterclaim.

On November 19, 2012, the Plaintiff recognized the use of the instant land by October 31, 2013.

G At the same time upon the expiration of the above period, the instant land and the Plaintiff.

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