(심리불속행)농지보전부담금의 반환 받을 권리는 사업주체 변경 시 당초 납부자에 있음[국승]
Daegu District Court 2015Na304509 District Court
(C) The original payer of the farmland preservation charge is entitled to receive the refund of the farmland preservation charge.
(1) Where the project operator pays farmland preservation charges in accordance with the approval of the summary of the housing project plan, and the project operator is changed, the right to receive farmland preservation charges due to the cancellation of the approval of the housing project plan shall be entitled to receive the refund from the payer of the charges in accordance with the imposition decision that is
Article 450(1) and (2) of the Civil Act
Article 263(1) of the Civil Execution Act
2015Da25050 Unlawful gains
○○ Co., Ltd.
Korea
Daegu District Court Decision 2015Na304509 Decided November 6, 2015
March 10, 2016
1. The appeal is dismissed.
2. The costs of appeal are assessed against the Plaintiff.
The records of this case and the judgment of the court below and the grounds of appeal were examined. However, the grounds of appeal concerning the grounds of appeal are not included in the grounds provided by each subparagraph of Article 4(1) of the Act on Special Cases Concerning the Procedure for Appeal, and the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition by the assent