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(영문) 대전지방법원 2018.11.22 2018나105734
부당이득금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract that the Plaintiff requests the Defendant to provide services, and the Defendant’s retainer payment of KRW 20,000,000,000) between the Defendant and the Defendant on March 16, 2016, and between the Defendant and the Defendant, through D operated by the Defendant’s wife C (hereinafter “Ei”) and the Defendant’s wife, as State-owned property.

(2) The portion equivalent to one hundred and thirty-five square meters out of the F ditch land (hereinafter “the part of the instant ditch”).

(2) On March 16, 2016, the Plaintiff and the Defendant included “land category change” in the part of the ditch of this case and “merger” in return for the Plaintiff’s use and use of public waters, and the Plaintiff paid KRW 20,00,000 to the Plaintiff on March 16, 2016, on the following grounds: (a) the Plaintiff was paid KRW 30,000,000 to the Plaintiff on the following grounds: (b) the change of land category and the combination of land were omitted within the scope of service; (c) the Plaintiff was determined to pay KRW 20,00,000,000 as the Plaintiff was paid to the Plaintiff on March 16, 2016 (see subparagraph 1 of this case’s provision).

3) Under the service contract dated March 16, 2016, the Plaintiff paid KRW 20,000,000 each to the Defendant on March 17, 2016, and KRW 20,000,000 on March 30, 2016, and KRW 15,000,000 on April 6, 2016 (i.e., KRW 3,00,000,000 in total) under the service contract for public waters (see subparagraph 2 of the A) (i) around October 2016, the Defendant paid KRW 20,000 in the name of the Plaintiff for public viewing, and the land category of the instant part is not actually being used as a ditch or a building site.

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