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(영문) 창원지방법원통영지원 2015.08.13 2014가합2279

부당이득금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

On December 7, 192, the Plaintiff obtained permission to occupy and use public waters for the purpose of occupation and use, such as water walp, landing place, environmental purification facilities, and period of occupation and use from December 8, 1992 to December 7, 1993, and buried them on public waters after obtaining permission to occupy and use public waters.

On January 6, 1995, the Plaintiff obtained permission to occupy and use public waters from the head of the lower west-gun of macro-gun, Sari-ri, 744-3, 1005-1, and 1005-3 for the purpose of occupation and use, and buried them with the permission to occupy and use public waters from December 8, 1994 to December 7, 1995.

On November 28, 1995, the Plaintiff went to the head of the subordinate Cheong-gun, Sari-gun.

With respect to public waters such as the entry in the port, the period of occupation and use from December 8, 1995 to December 7, 1996 obtained permission for occupation and use of public waters, and buried them by piling up the cryp angle on public waters.

The defendant was partially amended on July 30, 1996 on December 31, 1986, No. 3901 of the Public Waters Reclamation Act, and December 31, 1986.

(a) The same shall apply;

(2) Pursuant to Article 26, a 1005-3 Miscellaneous land (hereinafter “instant reclaimed land”) is a 10,285 square meters in a Cheongdo-gun, Cheongdo-gun, pursuant to Article 26.

() In addition, 13,523 square meters in 744-3 miscellaneous land each nationalized, and completed the registration of ownership preservation on October 9, 1996. The Plaintiff paid in installments the Defendant an indemnity of KRW 47,136,700 from October 198 to October 9, 200, and thereafter purchased the instant reclaimed land from the Defendant for KRW 2,015,860,000 on July 9, 2014 and completed the registration of ownership transfer on July 18, 2014, the Plaintiff purchased the instant reclaimed land from the Defendant for KRW 2,015,860,00 on July 9, 2014 and completed the registration of ownership transfer on July 18, 2014 without any dispute or clearly disputing the grounds for recognition.