부당이득금반환
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
2...
1. Basic facts
A. Before August 10, 201, Defendant Republic of Korea owned 1,170 square meters of the instant land in the actual village of Gwangju City (hereinafter “instant land”) prior to August 10, 201, Defendant Republic of Korea delegated the administrative affairs pertaining to the management and disposal of the instant land at Defendant Gwangju-si.
B. The land of this case originally became a ditch, and its category was changed to a “sports site” on June 26, 200. Before the land category of the said land was changed to a sports site, the Plaintiff, who obtained permission from Defendant Gwangju-si for the purpose of creating a golf course from Defendant Gwangju-si for the purpose of creating a golf course, and operated a golf course after forming a golf course on the surrounding land including the instant land.
C. Since the Plaintiff entered into a loan agreement with the Gwangju City Mayor on April 5, 2007 with the purport that the loan period for the instant land and the instant land of the same Ri 74 was from January 1, 2007 to December 31, 2007, the Plaintiff entered into a loan agreement (hereinafter “the instant loan agreement”), setting the loan period as one year during the period of 2008 and 2009, and set the loan period as one year (hereinafter “the instant loan agreement”).
In concluding the instant loan agreement, the Gwangju Mayor determined the property value by multiplying the publicly assessed individual land price calculated on the basis of the status of use at the time of conclusion of the said contract where the instant land is used as a golf course by the size of the said land, and then calculated the rent based on the method of multiplying the rate of use by 0.05 in 2007 and 2008 and 2009.
E. According to the instant loan agreement, if the Plaintiff calculated the loan charges (excluding value-added tax) paid in relation to the instant land at Defendant Gwangju-si, ① the loan charges in 2007 are 2,543,430 won, ② the loan charges in 2008 are 3,047,560 won, and ③ the loan charges in 2009 are 5,616,000 won.
F. Meanwhile, each of the above loan charges paid by the Plaintiff was reverted to the Defendants respectively 50%.
[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1, 3, 5 through 7.