(영문) 수원지방법원 2020.02.06 2019가단556726

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(영문) 수원지방법원 2020.02.06 2019가단556726

임대료 등

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1. Of the instant lawsuit, the part demanding the payment of KRW 183,930 among the costs of lawsuit shall be dismissed.

2. The defendant shall make the plaintiff 9,200.

Reasons

1. Indication of claim;

A. The Plaintiff filed a lawsuit against the Defendant, such as cultivating Suwon District Court 2009dan17932, removing parcels and transferring land.

In the above case, on August 20, 2009, the Defendant removed each of the above sites, and delivered 90 square meters to the Plaintiff, 5,700,000 won, and 258 square meters of each of the above sites from February 4, 2009 to February 30, 2009, the judgment became final and conclusive to pay money at the rate of 14, 15, 20, 20, 21, 16, 17, 18, 19, and 14 attached Table attached to each of the above sites, which are linked in sequence to the Plaintiff,

(hereinafter “instant prior suit judgment”). B.

On March 17, 2010, the Defendant performed the duty of removal and delivery ordered by the judgment of the instant lawsuit to the Plaintiff, and paid KRW 100,000 to the Plaintiff.

C. The Plaintiff filed the instant lawsuit on August 26, 2019 for the interruption of extinctive prescription of monetary claims based on the judgment prior to the instant lawsuit.

Therefore, the Defendant is obligated to pay to the Plaintiff the sum of KRW 5,700,000 in arrears, KRW 3,500,000 in unjust enrichment from February 4, 2009 to March 17, 2010, and KRW 183,930 in total, KRW 9,383,930 in the judgment on the previous suit of this case.

2. Judgment with no applicable provisions of Acts (Article 208 (3) 1 of the Civil Procedure Act);

3. Part of rejection

A. We examine ex officio the lawfulness of the part of the claim for payment of KRW 183,930, among the instant lawsuit.

B. If, after a judgment on the substantive relationship of the obligation to reimburse the costs of lawsuit has become final and conclusive in the judgment on the merits which have already been res judicata, the court rendered a final and conclusive decision on the costs of lawsuit according to the number of claims filed by the party who is the right of recourse, the decision on the costs of lawsuit shall be final and conclusive, which specifically

참조조문

-민사소송법 제208조 제3항 제1호

유사 판례

-수원지방법원 2020.02.06 2019가단556726

-대법원 2011. 9. 8.자 2009마1689 결정

-서울중앙지방법원 2020.10.15 2020가단19881

-수원지방법원안산지원 2017.11.09 2016가합1639

-대법원 2011. 9. 8. 자 2009마1689 결정