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(영문) 의정부지방법원 2015.05.21 2014가합9486
부당이득금
Text

1. Defendant (Counterclaim Plaintiff) and Defendant C are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 8,000,000 and the same on April 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Presumed factual basis

A. Defendant B obtained permission to occupy and use the river site on the river site of 43,000 square meters in the river site of the Gyeonggi-gun D Han-gun.

Defendant B sold part of them to E on December 12, 200, and leased part of them.

B. E had F construct approximately 10 greenhouses and approximately 250 greenhouses (hereinafter “the instant vinyl complex”) on the said river site, and completed the instant vinyl complex around August 2001.

C. The F agreed to take over the instant vinyl complex, etc. in lieu of the payment of the construction cost, as it did not receive the construction cost of the instant vinyl complex from E. The F agreed to take over the instant vinyl complex, etc. in lieu of the payment of the construction cost.

F by filing a lawsuit against E to deliver the instant vinyl complex, the F was recognized and accepted on January 21, 2003.

The F transferred the instant vinyl complex to G, H, I, and J on November 19, 2003. D.

Defendant B was unable to receive the purchase price and rent for the right to occupy and use a river site from Defendant B and E, resulting in a dispute between Defendant B and E.

The Plaintiff filed a dispute between E, etc. by asserting that he/she was the actual right holder who bears the purchase price for the river site and the construction price for the instant plastic house.

From the end of 2003, the Plaintiff has been endeavoring to recover damages suffered from E in cooperation with Defendant B.

On January 31, 2005, the Plaintiff filed a lawsuit against E, G, H, I, and J, seeking the delivery of auxiliary facilities, such as the instant greenhouse complex, 1,2, 5, 6 complexes, and accommodation, with the Suwon Branch Branch of Suwon District Court of Suwon on January 31, 2005, under E, G, H, I, and J as 205Gahap168.

E. Defendant B sought confirmation of the relationship of rights between the two parties to the Plaintiff.

Around March 2005, the Plaintiff and Defendant B drafted a letter of agreement (hereinafter referred to as “instant letter of agreement”).

1. The plaintiff and the defendant B are basic principles.

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