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(영문) 청주지방법원제천지원 2015.12.18 2015가합10144

부당이득금반환

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Presumed factual basis

A. On April 22, 2008, Seocheon-si entered into an agreement with the Village Association of Songcheon-si (hereinafter “Macheon-si”) to pay project costs necessary for the residents’ accommodation project as part of the facilities supporting crematorium village in relation to the installation of a cremation in the Posiwon-si, Jeoncheon-si (hereinafter “Macheon-si”).

B. Accordingly, on December 16, 2008, the Maguri residents established a Magdong-ri Tourism Development Promotion District (hereinafter “instant development project”) for the purpose of creating tourism and recreation development districts at the Magdong-ri Day (hereinafter “instant development project”); and on May 7, 2009, the Defendant Company was established for the purpose of the Korea Magdong-ri and the processing and sale business.

The project cost of the Defendant Company, or the piracy Co., Ltd. shall be paid at the request of the Mari Village Association at the time of the Mari Village Association, and the Mari Village Association shall be executed by paying it to the Defendant Company and the Mari Village prior to the Mari Village.

C. The Defendant Company purchased 13 lots (hereinafter “instant real estate”) from June 4, 2009 to January 17, 201, scheduled as the site for the instant development project, and completed the registration of ownership transfer in the future of the Defendant Company.

[Ground of recognition] In the absence of dispute, Gap evidence 6, Gap evidence 12, Gap evidence 14, and Gap evidence 15 (including each number), the fact-finding results in the court's 100 markets, the purport of the whole pleadings.

2. During the process of implementing the instant development project, the Plaintiffs asserted that the Defendant Company entered into a contract title trust agreement with the Defendant Company, which is an incorporated farming association that would not acquire the instant real estate in its own name because it was farmland, and had the Defendant Company purchase the said real estate as a party. At the time of the sales contract, the seller is so.