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(영문) 대전지방법원 2015.12.17 2015가단214148
위로금
Text

1. As to the Plaintiff (Counterclaim Defendant) from July 3, 2015 to September 30, 2015, the Plaintiff (Counterclaim Defendant) paid KRW 50 million to the Defendant (Counterclaim Plaintiff).

Reasons

The main lawsuit, counterclaim is also considered.

1. Basic facts

A. A. (1) Around June 15, 2007, the Plaintiff leased rent of 2.5 million won per annum from Daejeon Sung-gu E, Daejeon-gu, Daejeon-gu, located within a D development project area from C, and on January 1, 2008, the Plaintiff leased rent of 1.250,000 square meters per annum from F to December 31, 2008, for rent of 1.250,000 square meters per annum, and for rent of 1,469 square meters per annum in Daejeon-gu, Daejeon-gu, Daejeon-gu, G located within a D development project area from F.

(2) On July 13, 2009, the Plaintiff did not pay land rents to F, and C did not pay land rents after July 13, 2009, and C, upon September 29, 2010, notified the Plaintiff that the lease contract was terminated on July 13, 2010, and the plan to use the leased land was planned to voluntarily remove and restore the above-land crops and steel stuffs for lease purposes to its original state, and that F notified the Plaintiff on April 16, 2012 that the lease contract was terminated on the grounds of rent for at least two (2) years.

(3) On December 1, 2010, C sells to H, I, J, and K 61/2,828 of the share of 2,828 square meters in Daejeon Sung-gu E-gu, Daejeon, and completed each transfer registration under the name of H, I, J, and K on February 28, 201.

(4) On July 7, 2011, C, H, I, J, and K filed a lawsuit against the Plaintiff seeking reimbursement of unjust enrichment equivalent to the transfer and overdue rent of the land for the purpose of lease against the Plaintiff (Seoul District Court 2012Gahap 102067), and on February 6, 2013, the Plaintiff handed over the amount of money of KRW 1250,000 per annum from January 1, 2008 to the delivery of the said land.

The Plaintiff removed greenhouses installed in C, H, I, J, and K on the ground of 2,828 square meters in Daejeon Seo-gu E-gu, Daejeon, and transferred the said land to C, and paid KRW 4,075,342 to C, and the said land from February 28, 2011.

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