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(영문) 부산지방법원 2015.10.14 2014가합46832

투자금반환

Text

1. The Defendants jointly share KRW 210,000,000 to the Plaintiff and Defendant C with respect thereto from July 17, 2014, and Defendant B.

Reasons

1. Basic facts

A. (1) The network D discovered hot spring in the land E (hereinafter “instant land”) owned by the person himself/herself, and reported it to the Gosung-gun on March 17, 1987. The F discovered hot spring in the H land owned by G (hereinafter “instant land”) and the I land owned by the Republic of Korea and reported to the head of Sung-gun on January 4, 1989.

(2) Upon receipt of the above report on September 2, 1989, the network D is the one who owns the land in the relevant hot spring hole under Article 2 subparag. 2 of the current Hot Spring Act for the rightful priority of the land of this case, which is the one who filed a report of hot spring discovery, under the Hot Spring Act for the rightful priority of the land of this case: Provided, That where the owner of the land is changed after the report of hot spring discovery is accepted, it refers to the one who owns the land. Article 18 of the former Hot Spring Act (amended by Act No. 5121 of Dec. 30, 195) where the network D reported the hot spring and was enforced at the time of acceptance by the high priority of the permission for land excavation and the permission for the utilization of the hot spring of this case, or with the cost of discovery and excavation, or with respect to the person who reported the hot spring, the heir acquired the ownership of the land of this case from GJ 1 and acquired the ownership of the land of this case at the same time as G 2.

(3) On December 24, 1989, after accepting the report of hot spring as above, the head of Si/Gun filed an application for designation of a hot spring district with the Mayor/Do governor on December 24, 198, and on January 15, 1990, the Do governor of Si/Gun designated and announced the NOO Hot Spring District publicly announced in Gyeongnam-gun L and Mwon 2,915,200 square meters, including the land Nos. 1 and 2 of this case. < Amended by Act No. 5326, Apr. 1997>