logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.02.15 2016나5310
부당이득금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 3,317,483 and KRW 1,535,483 among them.

Reasons

1. Determination as to C/C claim for refund of royalties

A. The Plaintiff asserted that the Plaintiff paid KRW 1.6 million to the Defendant, in return for using the land of Gyeonggi-si Dri (hereinafter referred to as “Dri”) owned by the Defendant as a road in accordance with the final and conclusive Suwon District Court Decision 2013Na475 (hereinafter referred to as “Reconciliation”), in return for using the land as a road.

However, the Defendant, around May 2014, installed a axis on the land above C and failed to use it as a road. As such, the Defendant is obliged to pay the Plaintiff the fee of KRW 1.6 million and the delay damages therefrom, which the Plaintiff received from the Plaintiff.

B. The Defendant’s assertion and its determination 1) The Plaintiff and the Defendant withdraw a lawsuit regarding the relevant civil case including the Plaintiff’s claim for the return of the royalties, through conciliation formed in the case No. 2014Gadan12128, Suwon District Court Branch, and agreed to withdraw the Plaintiff’s claim for the return of the royalties. As such, the Plaintiff’s claim for this portion is unlawful against the Plaintiff’s agreement. Accordingly, according to each of the evidence Nos. 13, 23, and 24, the Plaintiff’s claim for the return of the royalties was acknowledged, based on each of the evidence No. 13, 23, and 24, which was filed by the Plaintiff against the Defendant, and the conciliation of the following contents is established from the lawsuit for the removal of the cattle (U.S. District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Decision 2014Ga12128) to April 15,

1. The Plaintiff shall implement the procedures for the registration of ownership transfer with respect to E large scale 60 square meters to the Defendant.

2. The Defendant divides the portion of a road with a width of 3 meters based on the 5th point indicated in the attached Form 1 drawing (hereinafter each attached Form omitted) among the 105 square meters of C road, and shall implement the procedures for the registration of transfer of ownership as to the portion of a road with a width of 3 meters divided

After September 2, 2015, H road was divided into 82 square meters in C-road 105 square meters, and the Plaintiff was the same month.

3. He completed the registration of ownership transfer with respect to H road 82 square meters.

3. The defendant takes over ownership of E large-scale 60 square meters from the plaintiff, and then e large-scale 60 square meters and f. 1.

arrow