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(영문) 수원지방법원여주지원 2019.03.14 2018가단3474
소유권방해배제 및 부당이득금반환
Text

1. The defendant shall be the plaintiff.

(a) Of the 8,628§³ of Gyeonggi-gu D Forest, the annexed Guide Map (1), (2), (3) and (4) shall be respectively.

Reasons

1. Facts of recognition;

A. On October 8, 2009, the Defendant entered into a cemetery lease agreement between the Plaintiff and the Plaintiff on the same day with a special zone G; a cemetery site of KRW 10,400,000, cemetery rent of KRW 520,000 (five-year, square year, and square year), cemetery management expenses of KRW 2,50,000 (hereinafter “instant first agreement”); and on the same day, between H Co., Ltd. (hereinafter “H”) and H (hereinafter “instant agreement”) to install stone and other water at the above special zone of KRW 6,920,00,000, total expenses of KRW 5,000,000.

AB concluded the agreement.

B. By October 29, 2009, the Defendant paid to the Plaintiff and H KRW 20,340,000 for total expenses under the instant contract Nos. 1 and 2, and the Plaintiff and H, according to each of the above contracts, around November 4, 2009, installed all rocks except for the side stone.

C. The Defendant brought a lawsuit against the Plaintiff and H claiming return of cemetery rent, etc. and compensation for damages, and the court rendered a judgment on June 26, 2012, “The contract of this case was terminated by implied agreement between the Plaintiff, H and the Defendant, and on the ground that the tin was owned by the Defendant under the contract of this case, the tin was installed by the Defendant by paying the price of tin to the Plaintiff and H, and the tin was jointly and severally paid to the Defendant 10,40,000 won for graveyard rent, 520,000 won for graveyard management expenses, and 520,000 won for graveyard construction expenses from November 4, 2009 to June 26, 2012, the date the agreement was concluded, and the remaining 244,906 won for graveyard management expenses, 50,000 won for the purchase and maintenance of tin, 50,000 won for the remaining tin, 50,000 won for the construction and delay damages.”

Seoul East Eastern District Court 2012Kadan4021, 201.

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