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(영문) 춘천지방법원 2015.06.24 2014가합86
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 201, the Plaintiff and the Defendant entered into an agreement (hereinafter “instant agreement”) with respect to C forest 5,157 square meters, D forest 2,380 square meters (round December 21, 2012, E, 5,330 square meters and F, 2,359 square meters, and hereinafter collectively referred to as “each site of this case”) with respect to the following matters (hereinafter “instant agreement”).

1. The defendant shall allow the plaintiff to use the land in each of the instant case for five years after the completion of the building constructed by the defendant's name. The plaintiff shall bear the amount of the property tax imposed on the above site and the completed building as the rent for the five years.

2. The plaintiff used the building for the above five years and, unless there is a separate agreement with the defendant as to the use of the building, ordered the respondent to immediately surrender the building and withdraw it from the building.

3. Where a person other than the plaintiff registers as a business for the use of the building after completion of the building, the user of the building shall enter into an agreement with the defendant on the same terms and conditions as this agreement, and the defendant shall cooperate

4. If the Plaintiff did not have any separate agreement with the Defendant on the use of the building, and did not order the building, then the Plaintiff and the user of the building shall jointly and severally pay a penalty of KRW 1 million per day to the Defendant.

B. On December 8, 2012, according to the instant agreement, the Plaintiff completed the construction of 320.5 square meters of the steel pipe structure, sand site location panel, roof No. 2, the second class neighborhood living facilities (general restaurants) and the second class neighborhood living facilities (hereinafter collectively referred to as “each of the instant buildings”) of the light metal structure, sand site location plate, and the second class neighborhood living facilities of the 320.5 square meters on each of the instant buildings on each of the instant sites, and each of the instant buildings was registered under the Defendant’s name on each of the instant buildings around January 8, 2013.

C. On November 14, 2012, the Plaintiff and the Defendant: (a) on each of the instant buildings, the lessor, Nonparty G, the Plaintiff’s wife, and Nonparty H, the Plaintiff and the Plaintiff’s wife, as a joint and several surety for each lessee; and (b) as follows.

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