logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2015.04.03 2014나105842
부당이득금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Defendant is a mining right holder (mining right registration number I, J, and K) who has extraction rights with respect to the extraction of stone in the mining area (mining area E, F, G, H, and area: 273 p.m.) located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the Plaintiff is the owner of the land of 16,836m2 (hereinafter “instant State-owned land”).

B. On September 30, 2010, the Defendant filed an application with the Do governor for authorization on mining plan with respect to the collection of fluorites in the above mining area, and the Do governor authorized the Defendant to authorize the mining plan by adding to the condition that “the permission on conversion of a mountainous district with respect to 3,511 square meters of the State-owned land in the instant case, which is a mine development site, should be commenced after obtaining permission from the Do governor from the Do governor, and if a mine development is conducted in an area other than the above area, the authorization and permission (development, permission for conversion, etc.) under other Acts

C. In accordance with the approval of the above mining plan, the Defendant obtained permission for conversion of the State-owned land of this case, the purpose of which is to develop a mine with respect to 3,511 square meters among the State-owned land of this case from the head of Taean-Gun around December 2010, from December 14, 2010 to April 30, 2013; and on February 8, 2011, between the Korea Asset Management Corporation and the Korea Asset Management Corporation entrusted with the management and disposal of the State-owned land of this case as follows.

- The indication of property - The purpose of use of the State-owned land in this case is 3,511 square meters: The mine based on the written approval of the mining plan of the Do Governor and the written permission for conversion of the mountainous district of Taean-Gun (the development of stone - the lease period from February 8, 201 to April 30, 2013).

D. On August 24, 2011, the Defendant and the Korea Asset Management Corporation additionally lent 11,580 square meters of State-owned land of this case, which is not included in the first loan agreement, among the State-owned land of this case (hereinafter “the second loan agreement”) as follows.

AB concluded the agreement.

- Indication of property: this case.

arrow