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(영문) 춘천지방법원영월지원 2014.05.21 2013가단1728
부당이득금
Text

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

A. Attached Form 2, 6.2 among the lands listed in Attached List 2

Reasons

1. Basic facts

A. On July 4, 1995, the Defendant: (a) on July 4, 1995, leased to B the amount calculated by converting the amount of 366 square meters into the market price of 2,00,000 square meters per annum from January 1, 2001 to December 2, 2000 (hereinafter “the lease of this case”) for the purpose of using the 366 square meters per annum as a road for transporting stone in a mine operated by the Defendant for transporting stone in a mine in which the Defendant closes down the period; and (b) from June 1995 to December 2, 200, the amount of 2,00,000 square meters per annum from January 2, 2001 to the expiration of the period (hereinafter “the lease of this case”).

On October 18, 200, the revision of the area and land category on May 14, 2012, and the division on July 2, 2013, the land size of 1,332㎡ C, 744 square meters in 771 square meters in C, 771 square meters in 774 square meters (hereinafter “instant land”) E, E, 588 square meters in F, 582 square meters in F,82 square meters in 58 square meters in 78 square meters in 50,000 (attached Form 2; hereinafter “instant land”) G, 506 m256 m256 m25,000 in D, 273 m257 m25,000 in 78 m25,000 in 1,000,000 won in G (attached Form 375 m2, 273 m25,000 square meters in m2

B. The plaintiff is the father B of June 9, 1998, and he is the above B.

On June 13, 1998, after receiving a donation of each parcel of land as stated in the port and completing the registration of ownership transfer on April 17, 2003, the Defendant sent to the Defendant a certificate of content that the owner of each of the above parcels of land should conclude a new contract on land use. On the other hand, the Defendant issued a certificate of content that the Plaintiff had no intent to consult with the Plaintiff because it had already leased each

C. At the request of the Defendant on November 8, 2003, the Defendant paid KRW 3,00,000 to B as the rent from January 2001 to the expiration of the period under the instant lease agreement, and the said KRW 3,00,000 to the end of the mine.

B agreed with each land listed in the subsection (hereinafter “instant agreement”). D.

The Defendant entered into the instant lease agreement and thereafter.

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