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(영문) 수원지방법원여주지원 2017.10.31 2015가단8232
부당이득반환
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

A. From February 22, 2017 to October 31, 2017, KRW 3,785,000 and its related thereto.

Reasons

Facts of recognition

On February 22, 2007, the Plaintiff purchased from D the land of this case for KRW 350,000,000,000.

In around 209, the Plaintiff was placed with a vinyl (hereinafter “the instant vinyl”) on the part 1,213 square meters in the part 1,213 square meters in the attached Table 8, 9, 10, 11, and 8 among the instant land, which was connected in order to each point of the attached Table 8, 9, 10, 11, and 8. Since then, the Plaintiff installed a concrete board (hereinafter “instant concrete board”) on the part 276 square meters in the ship connecting each point of the aforementioned land in sequence 1, 7, and 1.

On March 11, 2010, the Plaintiff entered into a lease agreement between E, the Defendant’s spouse, and the instant land and the plastic greenhouse on its ground, which is KRW 30,000,000 per annum, KRW 2 million per annum, and the period from March 12, 2010 to March 11, 2015.

On February 21, 2012, the Plaintiff and the Defendant concluded a sales contract of KRW 320,000 for the instant land (hereinafter “instant contract”) (However, the Plaintiff and the Defendant stated the price in the sales contract as KRW 350,000), and the Defendant paid the Plaintiff the purchase price and completed the registration of ownership transfer for the said land on the same day.

Since the contract of this case, the defendant has used the plastic greenhouse and concrete board.

(Reasons for Recognition) Facts without dispute, entries in Gap evidence 1, 2, 5, 6, 10 (including each number), and the purport of the whole pleadings.

The Plaintiff asserted that the Plaintiff sold the instant land in KRW 3.5 million to the Defendant, but the Defendant separately purchased the instant vinyl at KRW 6,000,000 on the condition that the purchase price for the said land was adjusted to KRW 3.2 million.

However, inasmuch as the Defendant alleged that the said vinyl was purchased along with the land and did not purchase the said vinyl, the Defendant did not purchase the said vinyl, 350 million won, which is the remainder of the purchase price of the petland, to the Plaintiff.

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