부당이득금
1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.
2. After an appeal is filed.
1. Facts recognized;
A. The Defendant completed the registration of transfer of ownership on July 13, 2015, with respect to CY 2371 square meters, D 984 square meters (the relevant land was divided into D 743 square meters and E 241 square meters on November 6, 2017), F 1307 square meters (the relevant land was divided into F 686 square meters and G 621 square meters on November 6, 2017) with respect to each of the instant land (hereinafter “each of the instant land”) on July 13, 2015.
(Reasons for Registration: Sale on May 28, 2015). (b)
On December 2016, the Plaintiff was allowed from the Defendant to set up a farming house in each of the instant land, and around that time, the Plaintiff laid down a farming house, such as sweak and rice, on the land above from that time to 2017.
C. The Defendant is a farmer who lives in a large number of times of smuggling and owns a large number of criminal records and answers, and is a farmer who embalizes agricultural plants, such as rice and fruit water.
Each of the instant lands is classified as an expressway site and the registration of ownership transfer was completed in the Republic of Korea on January 25, 2018 due to the acquisition by agreement from January 23, 2018.
On January 17, 2018, the Defendant filed a claim with the Korea Highway Corporation for payment of KRW 19,538,430,00 for agricultural loss compensation following the acquisition of each of the instant lands. At the time of the said claim, the Defendant submitted “certificate of fact of cultivation” to the effect that the said person is self-defluence in the said lands
The Korea Highway Corporation around that time paid 19,538,430 won to the Defendant for farming compensation following the acquisition of each of the above lands through consultation.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1 through 3, fact inquiry results about the Korea Highway Corporation by this court, the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion 1) The Plaintiff is entitled to receive farming compensation under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects (hereinafter “Act omission”), as the actual cultivator for each of the instant lands. The Defendant filed a false application as if he was the cultivator of each of the instant lands, and the amount of farming compensation KRW 19,538,430 is KRW 19,530.