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(영문) 창원지방법원진주지원 2014.08.20 2014재가단11
건물철거 등
Text

1. The plaintiff (quasi-Appellant)'s quasi-Appellants are dismissed.

2. The costs of quasi-examination are assessed against the plaintiff (quasi-examination plaintiff).

Reasons

The plaintiff asserts that, since the content of the payment of rent was omitted among the claims claimed by the plaintiff under the adjustment clause of the quasi-examination protocol, the quasi-examination protocol falls under the grounds for quasi-examination due to omission of judgment prescribed in Article 451 subparagraph 9 and Article 461 of the Civil Procedure Act.

However, according to the purport of the evidence No. 4 and the entire pleadings, it is recognized that the Plaintiff filed a lawsuit against the Defendant seeking unjust enrichment equivalent to the removal of the building, delivery of the land, and the rent for the pertinent land by the Changwon District Court, Jinju Branch Branch, 2013Kadan12576, and that on May 22, 2014, the Plaintiff completed conciliation on May 22, 2014, to transfer the ownership of the pertinent land to the Defendant for the purchase price of at least 4.8 million won

As long as the Plaintiff gave up the remainder of claims, the part concerning the payment of rent claimed by the Plaintiff in the instant case shall be deemed to be included in the part concerning the Plaintiff’s waiver of claims. Therefore, it does not seem to have been omitted

The plaintiff's assertion is without merit.

The plaintiff's quasi-appeal of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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