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(영문) 수원지방법원 2012.01.19 2010가합13117

부당이득금반환

Text

1. The Defendants: (a) KRW 195,082,227, respectively, and KRW 5% per annum from July 31, 2010 to January 19, 2012, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On September 6, 1997, the Plaintiff: (a) obtained permission for occupation and use of each real estate listed in the separate sheet No. 1 through 5 (hereinafter “each of the instant land”); and (b) created a golf course by investing funds in each of the instant land and its surrounding land; and (c) operated a golf course in a mutual name on September 6, 1997; and (d) as a result of the creation of the said golf course, a large number of land in each of the instant land used as electric, ditch, road, forest land, etc. was changed into a sports site; and (e) the land category and utilization status of the instant land was also increased.

B. (1) The Plaintiff, from June 18, 2003, entered into a loan agreement on each of the real estate listed in the separate sheet No. 1 (hereinafter “instant land”), concluded a loan agreement on each of the instant land from around around June 18, 2003 with the customary market delegated by Defendant Republic of Korea with the affairs concerning the management and disposal of the instant land, and renewed the said loan agreement every year. However, around June 18, 2003, the Plaintiff entered into a loan agreement on all of the instant one land from the time of the loan agreement to the time of renewal of the contract in 2006. However, from the renewal of the contract in 2007, only the loan agreement was concluded on the remaining 106 parcel of land, excluding the real estate listed in the separate sheet No. 1 among the instant one.

Golf courses have been operated.

(2) Meanwhile, under Article 26(1)5 and Article 26(2)1 of the former Enforcement Decree of the State Property Act (amended by Presidential Decree No. 20463, Dec. 28, 2007; hereinafter the same) (amended by Presidential Decree No. 20463, Dec. 28, 2007; hereinafter the same) calculated the property value according to the officially assessed individual land price as at the time of renewal of the contract, based on the use conditions at the time of renewal of the contract, and calculated the property value by multiplying the rate of 50/1,00 by the usage fee rate. Accordingly, the loan fee that the Plaintiff paid from 2006 to 2010.