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(영문) 울산지방법원 2017.07.20 2016가합21434
부당이득금
Text

1. The Defendant’s KRW 11,786,302 as well as the Plaintiff’s KRW 5% per annum from May 19, 2016 to July 20, 2017, and the following.

Reasons

In fact, the Plaintiff entered into a land lease agreement on March 201, 201, instead of doing future stop work with respect to the area of 2,025 square meters (hereinafter “instant land”) owned by the Defendant and Ulsan-gun, Ulsan-gun, Ulsan-gun, Ulsan-gun, the Defendant, entered into a lease agreement to plant pine trees without rental fees from March 2, 201 to February 2, 2013, and planted 113 pine trees.

On February 28, 2013, the Defendant demanded the Plaintiff to relocate pine trees in order to relocate the stable. The Plaintiff: (a) prepared to the Defendant each letter stating that “the suspension of a new site and the transplantation of pine trees due to the relocation of a stable shall be completed by April 30, 2013; (b) the completion of transplantation and the suspension of the remaining pine trees shall be completed by February 28, 2014; (c) the rent for the land of one year thereafter shall be KRW 2,00,000; and (d) even if the prop (Defendant) fails to perform the suspension work by any method, each written statement stating that “the Plaintiff shall pay expenses for the suspension of pine trees” (hereinafter referred to as “each written statement of this case”); and (d) paid KRW 2,00,000 for land rent for one year.

On April 2013, the Plaintiff transferred 13 glus among pine trees planted in the prospective site for relocation of livestock pens.

In order to relocate the remaining 100 girs (hereinafter referred to as “instant pine trees”), the Plaintiff, such as pine disposal, submitted an application to the Ulsan-gun Office for the confirmation of infection of pine wilt on March 5, 2014, and an application for the confirmation of production of pine trees on March 11, 2014, respectively.

On March 2014, the Plaintiff sought consent from the Defendant to file an application for confirmation of production of pine trees, but the Defendant requested KRW 9,000,000 to KRW 15,000 to KRW 15,00,000 to refuse to give consent to the removal of pine trees, which eventually failed to move pine trees.

On April 9, 2015, the Defendant: (a) KRW 23,000,000 for the purchase price of pine trees [the remainder of KRW 20,000 for the down payment = 3,00,000 for the remainder of KRW 20,000 for the purchase price (it shall be until May 31, 2015).

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