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(영문) 광주지방법원 2016.09.28 2015나55843
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. The following facts do not conflict between the Parties:

The plaintiff is awarded each real estate listed in the separate sheet (hereinafter referred to as "each land of this case") owned by the Korean Agricultural Partnership (hereinafter referred to as "each land of this case") on November 20, 2013 and paid in full, and completed the registration of ownership transfer on March 7, 2014.

B. Each land of this case and its adjoining land were constructed by C reservoir (hereinafter referred to as “C”) at an indefinite time, and each land of this case is currently used in C’s riverbed (at present, a fenced water is included) and embankment.

C. C succeeded to and managed the right of the Seomjin Farmland Improvement Cooperatives on June 11, 197, and succeeded to the defendant's right comprehensively around 2000.

2. Return of unjust enrichment:

A. According to the facts of the judgment as to the cause of the claim, the Defendant: (a) obtained the benefit of the amount equivalent to the rent by occupying and using each of the instant land; and (b) suffered the Plaintiff’s loss; and (c) barring any special circumstance, the Plaintiff is obligated to return the amount equivalent to the rent from November 21, 2013 to the unjust enrichment.

B. The Defendant’s assertion on the first ownership of the instant land as to the Defendant’s assertion, that was, around around 1945, the Joseon General Doctrine created C as part of the second emergency expansion facility project that was conducted nationwide around the end of the Japanese occupation, around 1943. Since the authority that performed construction at the time purchased each of the instant land and paid the price, the Defendant asserts that the registration of ownership preservation and the registration of ownership transfer in the name of the Plaintiff, which was based on the ownership transfer, are all null and void.

In the case of the second emergency expansion project implemented by the Joseon General Colon in around 1943, the small field construction project is the small field construction project implemented on a national scale by purchasing the land under its upper condition and subsidizing the required expenses. Thus, the small field construction project is the above project.

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