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(영문) 수원지방법원 2017.01.19 2015가합63711
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 9, 2008, the Defendant entered into a contract with the Korea Asset Management Corporation and the Defendant, from the Korea Asset Management Corporation, on the aggregate of 15 lots of land, 47,216 square meters, including 34,228 square meters (hereinafter “instant State-owned land”), for the purpose of cultivating and lending the land for use, the lease period and the lease period up to April 8, 2013, with the rent of KRW 9,771,700 (hereinafter “instant loan contract”). From April 9, 2008, the Defendant occupied and used the above 15 parcel of land, including the instant State-owned land, as dry field.

In the instant loan agreement, if the Defendant changed the original state of the leased property, the Korea Asset Management Corporation may terminate the instant loan agreement, and the Defendant shall restore the leased property to its original state and return it.

B. On November 19, 2010, on behalf of the Plaintiff Company D (hereinafter “D”), the Plaintiff entered into a soil and sand purchase agreement (hereinafter “instant soil and sand purchase agreement”) on behalf of the Defendant and the Plaintiff on behalf of the representative director, which includes the following contents as to the instant State-owned land. On the same day, the Plaintiff entered into a loan certificate (hereinafter “instant loan certificate”) with the Defendant that the Plaintiff borrowed KRW 300 million from the Defendant.

The unit cost of compensation due to the purchase by soil and sand of Article 1(b) of the Agreement shall be the amount agreed upon by “A (referring to the defendant; hereinafter the same shall apply)” (referring to “D; hereinafter the same shall apply) (10 million won).

Article 2. The advance payment of KRW 50 million among the down payment shall be made, and the balance of KRW 50 million shall be paid at the time of receipt of the certificate of permission.

Provided, That where permission is not granted, 30 million won out of the down payment shall be paid.

Article 3 The project period shall be from December 2, 2010 to December 31, 2011.

Article 4. The State-owned land of this case is currently used as farmland, and "B" is liable to restore it to farmland or good farmland as at the present time after the completion of the purpose project.

“A” shall provide “B” with the accompanying documents necessary for permission so that they can comply with this purpose.

§ 5.

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