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(영문) 서울고등법원 2016.11.25 2016나2002985

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is an organization established pursuant to the Act on the Establishment of Organizations of Persons, etc. of Distinguished Services to the State, the Act on the Honorable Treatment and Support of Persons, etc. of Distinguished Services to the State, and the Defendant is entrusted with the management and disposal of general property owned by the Minister of Strategy and Finance pursuant to Article 26(1)8 of the Act and Article 42(1) of the State Property Act and Article 38(3) of the Enforcement Decree of

B. The Plaintiff, which is a general property owned by the Republic of Korea, was leased from the Defendant for three years from October 8, 2008 to October 7, 201, a land subject to the sales contract set forth in the following Paragraph (c) and a grassland 1320 miscellaneous land 21,371 square meters of miscellaneous land in the roadside of Incheon-gun, Incheon-gun (hereinafter “Seoul-gun”), which is the general property owned by the Republic of Korea.

C. On November 29, 2012, the Plaintiff entered into a contract with the Defendant to purchase the sales price of KRW 7,062,265,00 (hereinafter “the instant sales contract”) in total (a total area of 19,810 square meters = 823 square meters in total) of 1891-1 square meters in grassland and 18,987 square meters in grassland, which is a general property owned by the Republic of Korea, (hereinafter “instant land”). The Plaintiff completed the registration of ownership transfer in its name on February 7, 2013, following the payment of the purchase price to the Defendant in full (hereinafter “instant sales contract”).

According to the sales contract of this case, KRW 7,062,265,00 according to the Defendant’s request for appraisal, the average amount of the land is calculated as 356,500,000,000 as the average amount appraised and appraised by the Uniform Appraisal Corporation (hereinafter “Appraisal Corporation”) and the Flag Appraisal Corporation (hereinafter “Appraisal Corporation”) prior to the division and merger, and is calculated as 19,810,000,000,000 square meters per kilogram, and is calculated by multiplying the area of the land of this case before the division and merger by 1

(e).