logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.11.06 2015나304509
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. Acquisition, etc. of the instant housing project) Construction Co., Ltd. (hereinafter “Road Construction”).

A) around 2005, the 556 m2,018m2 (hereinafter “instant site”) shall be the 3,018m2 (hereinafter “instant site”).

2) As to the housing construction project (hereinafter “instant housing project”)

(2) The Plaintiff acquired the instant housing project from the construction on August 12, 201, on the following grounds: (a) the farmland preservation charges under the Farmland Act (farmland creation charges under the Farmland Act that was implemented at the time) were paid KRW 66,094,200 to convert the instant land that was farmland in the Korea Rural Community Corporation into a site; and (b) the Plaintiff acquired the instant housing project from the construction on August 12, 201.

On the other hand, Japan Construction prepared and executed a written waiver of the right to the approval of the housing project plan of this case to the Plaintiff, and each of the above written statements stated to the effect that “Japan Construction shall transfer to the Plaintiff all the rights, including public charges, including the cost of the construction following the approval of the housing project of this case.”

3) On Japan Construction did not separately take the procedures for notifying the transfer of claims following the transfer of the right to the instant housing project pursuant to the foregoing written statement to the Plaintiff. B. Following the cancellation of the approval of the instant housing project plan, Sungju-gun revoked the approval of the housing project plan for the construction of the Japan, and on May 1, 2014, the Plaintiff, who was the owner of the instant building site, was revoked the approval of the housing project plan. As such, the instant written statement was sent to the Plaintiff requesting the restoration of the instant site to farmland.

Accordingly, on June 9, 2014, the Plaintiff completed reinstatement of the instant site, and notified this fact to the Sung-gun.

2 On July 18, 2014, Sungju-gun sent a letter to the Korea Rural Community Corporation stating that he/she shall claim the return of the farmland preservation charges because he/she would refund KRW 66,094,200 of the farmland preservation charges to Japan Construction.

(c) Farmland preservation charges;

arrow