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(영문) 수원지방법원평택지원 2017.11.01 2017가합9420

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff's land purchase and registration process shall not be an agricultural corporation, which conducts housing construction business and housing site creation business, etc.

From May 2006 to April 2008, the Plaintiff purchased farmland on 18 lots (hereinafter “instant land”), including 450 Dolwon-dong 450 Dolwon-dong, and paid the purchase price in full from December 27, 2006 to May 26, 2008.

The Japanese land was a land transaction lower zone at the time when the Plaintiff purchased the land. On January 30, 2009, the Japanese land was released from the land transaction permission zone.

By January 30, 2012, when three years have elapsed since the cancellation of land transaction permission zone, the Plaintiff did not complete the registration of ownership transfer on the instant land until January 30, 2012; between April 29, 2014 and June 24, 2014, the Plaintiff directly from the seller to the seller, thereby completing the registration of ownership transfer due to trust in the future. The Plaintiff completed the registration of ownership transfer from the New Real Estate Trust, which was due to sale, to the buyer’s future. < Amended by Act No. 1253, May 29, 2014>

On February 10, 2009, the Gyeonggi-do Governor designated the urban development zone and the Gyeonggi-do Governor authorized the implementation plan as an urban development zone for the urban development project of Pyeongtaek-si, Dong-dong 31-1, 653,419 square meters including the land of this case (hereinafter “the urban development project of this case”) and publicly announced the topographic map pursuant to Article 3 of the former Urban Development Act (amended by Act No. 9758, Jun. 9, 2009).

(Public Notice of Gyeonggi-do No. 2009-53). The "Yyeong 2 District Urban Development Project Association" designated as the project implementer of the instant urban development project through Pyeongtaek-si is for farmland within the urban development project zone when the Gyeonggi-do Governor approves an implementation plan for the instant urban development project and an implementation plan for the farmland in the instant urban development project zone pursuant to Article 19 (1) 8 of the Urban Development Act.