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(영문) 부산지방법원 2015.09.24 2014나47730
부당이득금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Each land listed in the separate sheet (hereinafter “instant real estate 1 through 12”) is a general property owned by the Republic of Korea (hereinafter “miscellaneous property”) (hereinafter “general property”) until the State Property Act was amended by Act No. 9401, Jan. 30, 2009).

The administrative affairs related to the management and disposal of each land of this case were successively delegated from the office of general administration (the Minister of Finance and Economy or the Minister of Strategy and Finance after the reorganization of the government organization in 2008) to the Busan Metropolitan City Mayor, and from the Busan Metropolitan City Mayor Mayor, the representative of the defendant.

B. The Plaintiff was established pursuant to the Act on the Efficient Disposal of Non-Performing Assets, etc. of Financial Institutions and the Establishment of Korea Asset Management Corporation. The Plaintiff was entrusted with the management and disposal of the instant real estate by the State (Planning) under Article 42(1) of the State Property Act and Article 38(3) of the Enforcement Decree of the same Act. On June 30, 2006, the Plaintiff was transferred to the head of the Gu who was subject

C. On September 10, 201, with respect to the land of this case on September 10, 201, with respect to the land of this case on January 6, 2011, with respect to the land of this case on June 5, 2009, with respect to the land of this case 3, 5 on June 8, 2009, with respect to the land of this case on July 16, 2009, with respect to the land of this case 6, 7, 9 on July 16, 2009, the Plaintiff issued a notice of payment with respect to the land of this case 8, 10 on June 18, 2009, and the land of this case 11, 12 on July 7, 2009.

[Ground of recognition] The fact that there is no dispute, Gap evidence 2 through 11, 13, 14, 13-17 through 26, 28, 29, and 6, the purport of the whole pleadings and arguments

2. The parties' assertion

A. The summary of the plaintiff's assertion is that the defendant without permission from the plaintiff holding the Ministry of Strategy and Finance or the right to manage and dispose of the real estate of this case without permission from the managing authority, obtains profits equivalent to the rent and thereby suffered the same damages to the Republic of Korea.

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