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(영문) 인천지방법원 2017.06.29 2016나64657
토지인도
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be principal lawsuit and counterclaim.

Reasons

1. The fact-finding and decision of the first instance court is justified in view of the evidence presented by the Defendant to this court by the evidence duly admitted and examined by the first instance court.

Therefore, this court's decision is citing the reasoning of the judgment of the first instance except for the following "2." This Court's decision as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts in height:

(a) 3 pages 5, 8, 10, 16, 18, 5 pages 1, 3, 5, 9, 10, 11, 13, 14, 19, 20, 6 pages 18, 8 pages 3, and 6 of the first instance judgment, respectively.

(b) to change the category into “land” of “land category” in the 11st place of 3 pages;

(c) alter “land 1, 2” of 4, 8, and 9 pages to “land 1, 2, and 3”;

4 The 9th parallel "from January 1, 2006" shall be changed to "from the date on which a copy of the complaint containing a declaration of intent to revoke the license of this case has been served on the defendant."

(e) The fifth 17th am “date of the closure of the instant pleadings” shall be changed to “date of the closing of the pleadings in the first instance trial.”

(f) eliminate 7 up to 15 parallels.

g. The 7th page “from January 21, 2016,” in front of “from January 21, 2016,” shall add “the loan for use of the land 1 and 2 of this case is terminated”.

(h)the 8th 17th 17th 17th c. “F.R. 186,200 per month” shall be changed to “F.R. 186,200 per month.”

(i) between nine (9) one (1) and two (2):

【3) The Defendant asserted that the Defendant’s defense of the deduction amount should be deducted from unjust enrichment to be paid by the Defendant, since the Defendant paid to the Plaintiff the Plaintiff a sum of KRW 3.5 million each month from January 2016 to July 2016.

In addition to the statements in Gap evidence Nos. 6 and Eul evidence Nos. 6, the purport of the whole pleadings is to be added, the defendant transferred KRW 500,000,000 to the plaintiff's account on Nov. 1, 2015, Nov. 30, 2015, Nov. 31, 2015, and December 31, 2015, and KRW 1 million on February 29, 2016. However, the defendant requested the plaintiff to pay KRW 50,00 from the loan while communicating with the plaintiff on Oct. 5, 2015.

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