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(영문) 서울중앙지방법원 2015.12.15 2015가합504153
소유권확인
Text

1.(a)

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant)’s KRW 10,245,793 and its related amount from July 7, 2015 to December 15, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts without dispute (based on recognition), Gap evidence Nos. 1, 2, and 7 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 4, 6, 7, and 19, the witness C's testimony, and the purport of the whole pleadings;

A. The relationship between the parties, etc. 1) the Plaintiff and the Defendant are children between D (Death at around 2005) and E. D and E, not only the Plaintiff and the Defendant, but also two married children (F, G) D and E. From 1980 to 1980, the Plaintiff operated “I” as the head of Mapo-gu Seoul Mapo-gu Seoul Mapo-gu E. From around 1998, the Plaintiff began to engage in the operation of the said I and run “IMapo” at the present location. From April 2010 to February 2013, the Defendant operates “I Gangnam-gu J in Gangnam-gu, and C, the spouse of G, as the head of the G, the “IMasan Point” from the Seocho-gu, Busan-gu.

B. 1) E around June 28, 2002, each real estate listed in the separate sheet of real estate (hereinafter “instant real estate”) in the attached sheet of real estate around June 28, 2002.

A) purchased the land and acquired the ownership of D and E from that time, D and E shall be the land plant (hereinafter “instant land plant”).

2) The Defendant agreed to provide the Plaintiff and the Plaintiff, who operated the instant land-water plant at the time of opening the IGG, with the raw water produced in the instant land-water plant at the time of opening the IGG and to be supplied with the production cost thereafter.

3 The Defendant, from April 2010 to September 2013, supplied the Plaintiff with raw water, etc. to be used in the instant land-related plant from the Plaintiff’s Gangnam Points. From October 2013, the Plaintiff and the Defendant produced and used the raw water, etc. to be used in the instant plant.

The defendant paid to the plaintiff by April 2013 the amount adjusted by C who worked in the factory of this case as an employee of the plaintiff at the time of the plaintiff, as the land purchase price, and around May 2013.

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