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(영문) 서울북부지방법원 2018.02.09 2017나36855
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. On September 21, 2016, the Plaintiff paid KRW 1,797,600, respectively, to the Defendants on September 21, 2016, with the amount of agricultural compensation for expropriation of 1,070 square meters of D forest land (the actual status is previously used; hereinafter “instant land”).

B. The Defendants cultivated crops on the instant land from March 1, 200 to June 30, 2013.

C. The relevant provisions of the instant lawsuit are as follows.

(1) With respect to farmland (referring to farmland falling under subparagraph 1 (a) of Article 2 of the Farmland Act and Article 2 (3) 2 (a) of the Enforcement Decree of the same Act) incorporated into a zone where public works are performed, an amount calculated by multiplying the area of the farmland by the average of the annual farming area per farming unit per farming area per Do, which is calculated by multiplying the area of the farmland by the average of two years per three years immediately preceding the year by the average of the total farming area per farming area per Do per Do and the total farming area per Do per Do per Do, which is surveyed and announced annually by the statistics collecting agency under subparagraph 3 of Article 3 of the Statistics Act, among the total agricultural research statistics of the farm economy conducted and announced every year by

(3) Any of the following land shall not be deemed farmland under paragraphs (1) and (2):

4. Article 3 of the Enforcement Decree of the Farmland Act (Scope of Farmers) which is cultivated by a person who is not a farmer (referring to an agricultural corporation under subparagraph 3 of Article 2 of the Farmland Act or a farmer under subparagraphs 1 and 2 of Article 3 of the Enforcement Decree of the Farmland Act);

1. The fact that there is no dispute over a person who cultivates or cultivates crops or perennial plants in the farmland of not less than 1,00 square meters, or is engaged in agriculture for not less than 90 days a year (applicable to recognition), each entry in the evidence of subparagraphs A1 through 4, and the purport of the whole pleadings;

2. Determination as to the cause of claim

A. The plaintiff's assertion that the compensation for agricultural loss is made in the Farmland Act.

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