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(영문) 서울고등법원 2016.06.03 2015나18406
부당이득금
Text

1.The part concerning the principal lawsuit in the judgment of the court of first instance shall be modified as follows:

Defendant Counterclaim Plaintiff (Counterclaim Plaintiff) and Defendant C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Defendant B sold to E the right to occupy and use 13,00 square meters of the above river site around December 12, 200 and leased 30,000 square meters for five years, as the person who has the right to occupy and use approximately 43,00 square meters of the river site in Gyeonggi-gun D.

B. E had F construct ten greenhouses only 10 greenhouses (hereinafter “the instant vinyl complex”) in the said river site, and each complex is marked as complex.

The greenhouse complex of this case was completed around August 2001.

C. Since F was unable to receive the construction cost of the instant vinyl complex from E on October 5, 2001, F had the instant vinyl complex, etc. transferred to E in lieu of the payment of the construction cost, and filed a lawsuit against E to deliver the instant vinyl complex (No. 2002 Ghana District Court 2002Ga7296), and the recognition and recognition of the said claim was completed on January 21, 2003.

The F transferred the instant vinyl complex to G, H, I, and J (hereinafter “G et al.”) on November 19, 2003. D.

Defendant B did not receive the purchase price and rent of the river site from E, and there was a dispute between E and E.

Meanwhile, there was a dispute between E, etc. by asserting that the Plaintiff himself was the actual right holder who bears the purchase price of the above river site and the construction price of the instant plastic house complex.

E. Around October 2004, the Plaintiff filed a lawsuit against E and three other parties, seeking the delivery of auxiliary facilities, such as 1,2,5,6 complexes among the instant vinyl complexes, and 1,2,5,6 complexes among the instant vinyl complexes (U.S. District Court Decision 2005Gahap168).

(hereinafter “instant land transfer lawsuit”). The Plaintiff and Defendant B drafted a written agreement as follows around March 2005, in the process of the instant land transfer lawsuit, around March 2005:

(hereinafter referred to as the “agreement of this case,” and the agreement under the agreement of this case is referred to as the “agreement of this case”).

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