부당이득금반환 등
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim B are all dismissed.
2. The costs of lawsuit;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On September 2009, the Plaintiff obtained permission to occupy and use F road 7,232 square meters, G forest land 3,728 square meters, and H forest land 1,458 square meters among 1,068 square meters (hereinafter “land occupied and used in this case”) from the Gwangju City Mayor for entry into the said Plaintiff’s land.
B. Defendant B requested the Plaintiff to approve the use of the above land for the development of each of the above land as the owner of the above I, J, K, K, L, M, N,O, P, and the Plaintiff. On September 16, 2009, Defendant B issued from the Plaintiff a letter of consent to the use of land (including the certificate of evidence No. 1-1, hereinafter “the letter of consent to the use of this case”) to the effect that “When authorization or permission is granted under various relevant laws, Defendant B consented to the use of the land as access roads by Defendant B, and even after the authorization or permission was processing by this consent, a third party (including a large number of unspecified persons) promises not to raise any civil or criminal objection even after it was used as access roads without any separate consent.”
Meanwhile, Defendant B paid KRW 37,500,000 to the Plaintiff on the same day, and paid KRW 3,100,000 on April 14, 2010.
C. On November 12, 2013, Defendant B sold the above I, J, K, and L land to Defendant C Co., Ltd. (hereinafter “Defendant Company”), and on April 29, 2015, Defendant B completed the registration of ownership transfer on each of the above land to the Defendant Company.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, Eul evidence Nos. 1, 2, and 12 (including paper numbers), the purport of the whole pleadings
2. Determination as to the cause of the principal claim
A. On September 16, 2009, the Plaintiff asserted that the road occupation and use is modified and used on the condition that Defendant B and the Plaintiff receive 50% of the packing expenses, etc. incurred in the land occupied and used in this case from Defendant B and the Plaintiff receive 50% of the road occupation and use fees imposed in the future.