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(영문) 수원지방법원성남지원 2014.08.22 2013가합11498
부당이득금 및 임차보증금반환 등
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. Defendant B is the land of this case: F 2,403 square meters (hereinafter “instant land”). Thereafter, the instant land was divided into F 2,394 square meters and G 9 square meters on February 1, 2006; Defendant C is the “instant land”; Defendant C is the “2,837 square meters of H 2,837 square meters (hereinafter “instant land”); and the instant land is the “instant land” in the instant case. Meanwhile, the instant land is the “instant land.” Meanwhile, the instant land is the “H 2,320 square meters and I 517 square meters (hereinafter “instant land”) on February 1, 2006.

(2) On June 20, 200, the Defendants concluded a lease agreement with Nonparty J on June 20, 201 with respect to KRW 164,860,00 for lease deposit, KRW 8,785,00 for the rent year, KRW 8,785,00 for the rent year, and KRW 5,00 for the rent year, and KRW 2-year for the rent period on June 20, 200 for the instant land and its ground to be constructed by the Defendants (hereinafter “instant vinyl”).

B. From June 20, 2001 to June 20, 2007, the Plaintiffs have been engaged in flowers Agriculture by leasing each part of the land corresponding to each of the instant vinyl houses and its sites from J from June 20 to June 20, 207.

C. On November 24, 2006, the instant land was expropriated by the Korea Land Corporation. Defendant C, around June 2007, stated that “The instant land would not be leased to the instant land and the vinyl, unless it would be compensated for KRW 48,000,000 in excess of the compensation for the surrounding land due to the waterway and pool set up by J on the side of the instant vinyl.”

Accordingly, the lessee of the land in this case, including the plaintiffs, collected some of the sub-lessees, and ordered J to the total of KRW 48,000,000, and J paid KRW 48,000 to the defendant C on June 15, 2007.

On June 20, 2007, the Plaintiffs correspond to one vinyl house, each of which they used from J, and the land corresponding to the site of the said vinyl house.

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