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(영문) 수원지방법원 2015.07.03 2014나5712

부당이득금반환

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Facts of recognition;

A. On February 3, 2009, the Plaintiff, as the owner of D forest land 22,823 square meters (hereinafter “the instant forest”) in Sungsung-si, intended to sell 5,620 square meters of the said forest land (hereinafter “part of the instant forest”) to F with the introduction of E, etc. around February 3, 2009. While E, etc. had the opportunity to obtain permission for the development of the said part of the forest, E, etc., it had the opportunity to obtain permission for the development of the said forest, the area actually purchased by F in the future can be altered according to the result of the permission for development.

B. F’s deceptive act and agent C agreed with the Defendant to pay KRW 50 million to the Defendant who operates the G Civil Engineering Design Office through E, etc. for the permission cost for the development of part of the instant forest land. On August 18, 2009, permission for the development of 3598 square meters out of the instant forest land was granted (hereinafter “instant permission for development”).

C. On December 23, 2009, when the instant forest was divided into 3,598 square meters of D forest, 373 square meters of H forest and 373 square meters of H forest and 18,852 square meters of I forest and 373 square meters of H forest and 373 square meters of H forest and 373 square meters of development permission (hereinafter “F-acquisition land”). The instant two land are 3,971 square meters of land and 18,852 square meters of the said I forest and 18,852 square meters of land (hereinafter “Plaintiff’s remaining land”) were still owned by the Plaintiff.

Around July 16, 2010, the Defendant applied for permission to engage in development activities on the remaining land of the Plaintiff who did not obtain permission to engage in development activities upon the Plaintiff’s request, and obtained permission to engage in development activities on the remaining land of 1,520 square meters from the Sungsung market (hereinafter “instant permission to engage in development activities”).

E. Meanwhile, the Plaintiff remitted to the Defendant KRW 10 million around July 28, 2009, KRW 5 million around November 6, 2009, KRW 10 million around June 1, 2010, KRW 10 million around August 13, 2010, and KRW 10 million around August 13, 2010, respectively, and L transferred to the J around December 4, 2009, KRW 5 million to the Defendant around January 12, 201, respectively.