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(영문) 수원지방법원평택지원 2017.11.03 2017가단58685
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the parties’ assertion is the cause of the instant claim. The Plaintiff asserted that the KRW 35 million, which the Plaintiff delivered to the Defendant around January 5, 2017, should be returned to the Defendant’s unjust demand by using the Plaintiff’s old circumstances, and that the amount should be returned to the Defendant’s unjust enrichment. Accordingly, the Defendant asserted that the said amount was received by agreement between the Plaintiff and the Defendant.

2. In full view of the facts without dispute over recognition, Gap 1 through 4, Eul 5, and six, the whole purport of arguments is as follows: ① on August 14, 2015, the plaintiff entered into a sales contract with the defendant on the land rent of 19 percent of rice, the term of lease from August 14, 2015 to August 13, 2018, and the term of use "the defendant used the land in the same state as at the time of construction of a factory or sale of land (the same as at the time of construction of a factory or sale of land) without any compensation or any condition, and transferred the land to the plaintiff according to the original land category of the land; the plaintiff does not enter into a sales contract with the non-party 10 billion won construction, including a temporary building or a vinyl, and the plaintiff shall be liable for the remaining down payment to the defendant at the time of the violation of the lease contract with the non-party 16 billion won (the above term of sale).

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