청구이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasons for the court's explanation of this case are as stated in the reasoning of the judgment of the court of first instance, except where the plaintiff added the following judgments as to the matters alleged in the court of first instance. Thus, this shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. The plaintiff's assertion is that the restoration work of the land of this case conducted by the farming association corporation of this case is performed by the defendant on behalf of the above farming association corporation. Thus, the defendant is obligated to pay 28,600,000 won to the restoration expenses paid by the farming association corporation of this case for the management of business.
Therefore, the Plaintiff set off the Defendant’s instant loan claims against the Plaintiff by making the Defendant’s reimbursement claim as the automatic bond, and the Defendant’s instant loan claims were entirely extinguished.
Therefore, the defendant's compulsory execution based on the loan claim of this case against the plaintiff should not be permitted.
B. In order to establish the judgment management, it is required that, first of all, the administrative work is another person's business and there is an intention to handle the administrative work on behalf of another person, and further it is not clear that the administrative work is disadvantageous to or against the principal
(See Supreme Court Decision 94Da41072, 94Da41089 delivered on December 22, 1994, etc.). The defendant and the farming association corporation of this case covered the quality of soil on the land of this case, contrary to the contents notified by the Incheon City, although the matters to be restored to the original state by the notification of the restoration to the original state that the defendant and the farming association corporation of this case received from the Incheon City are "the restoration to the land of this case, the restoration to the original state, and the removal of concrete basic facilities within the land of this case, and the restoration to the original state as farmland."