부당이득금반환
1. The Defendant’s KRW 50,610,110 as well as its annual rate from June 14, 2013 to September 6, 2013 to the Plaintiff.
1. Facts of recognition;
A. The plaintiff is a local agricultural cooperative established under the Agricultural Cooperatives Act, and the defendant is the subject to whom the farmland preservation charge belongs.
B. A disposition imposing farmland preservation charges and payment1) around February 14, 2012, the Plaintiff filed a building permit with the head of Ulsan-gu, Ulsan-do, for the purpose of constructing neighborhood living facilities (retail stores, repair stores) on the ground of 385-4 and 2,609m2 in Ulsan-gun, Ulsan-gun, Seoul-do, and two lots of land; ② neighborhood living facilities (retail stores, repair stores) on the ground of 1,019m2 outside 385, and ③ on the same 347-1, 347-1, and 238m2 (office) on the ground of 238m2,000,000,000 won were deemed to have been deemed to have been permitted to divert farmland pursuant to Article 11(5)7 of the Building Act; ② on February 28, 2012, the Plaintiff imposed the farmland preservation charges on the Plaintiff, including the said building permit and each of the said charges, and imposed the farmland preservation charges on the Plaintiff (i).
3) Meanwhile, on May 29, 2013, the Plaintiff refunded KRW 168,630, out of KRW 15,809,250 of the farmland preservation charges paid earlier on the grounds of the decline in the farmland area between two documents, 2, 385, and 2, and 168,630, out of the farmland preservation charges paid earlier on the grounds of the decline in the farmland area between two documents, and the purport of the entire pleadings.
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Agricultural Cooperatives Act, the Special Act on the Farmland Act alleged by the Plaintiff (hereinafter “Agricultural Cooperatives Act”).
) Articles 2 and 8 of the Agricultural Cooperatives Act (wholly amended by Act No. 10983, Aug. 4, 2011; thereafter enforced on March 2, 2012), which apply to each disposition of this case, refers to a regional union and a product union; and a regional union referred to in subparagraph 2 of Article 2, which applies to each disposition of this case.