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(영문) 대구지방법원상주지원 2015.05.14 2015가합34
제3자이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) with the right to permit the collection of earth and stone against D and three parcels at the time of resident stay; and

around May 2012, 2012, B Co., Ltd. (hereinafter referred to as “B”).

B) As between B and B, B entered into a contract for the collection of earth and rocks with the purport that B shall collect earth and rocks from the above land and supply them to C, and C shall pay the production fees to B, and B, around that time, under the joint and several guarantee of the development of the hanok industry (hereinafter “the development of the rooftop industry”), B entered into a lease agreement with E to lease machinery necessary for the collection of earth and rocks from the above land in the amount of KRW 10 million monthly rent and began the collection of earth and rocks in accordance with the above contract for the collection of earth and rocks.

B. On August 3, 2012, E filed a lawsuit against the development of the NE and C, and the final judgment 1) E filed a lawsuit against the Changwon District Court 2012dan20058, which decided on August 3, 2012, on the ground that the development of the NE B, C, and the NE industry was not obliged to pay rent under the contract for the collection of earth and stone, and that the NE industry development was not performed, and that the aforementioned court filed a lawsuit seeking a payment of unjust enrichment equivalent to the return of machinery and the rent for the collection of earth and stone. (2) On February 20, 2013, the aforementioned court rendered a judgment to the effect that “B, C, and the ME industry development shall jointly and severally deliver the earth and stone collection machinery to E, and shall pay the amount at the rate of KRW 10 million per month from June 7, 2012 to the completion of delivery of the said machinery (hereinafter “instant judgment”), and the aforementioned judgment became final and conclusive at that time.

C. On January 1, 2014 between C and B, while C entered into a new contract for the collection of earth and rocks between January 1, 2014, upon setting the contract period from January 1, 2014 to December 31, 2014 (hereinafter “contract for the collection of earth and rocks with B”). D.

The defendant's succession to E and each item listed in the separate sheet.

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