logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.09.12 2017가단17299
농지보전부담금반환등
Text

1. The Defendant’s KRW 5,525,400 as well as the Plaintiff’s annual rate from May 30, 2017 to September 12, 2018.

Reasons

1. Facts of recognition;

A. On April 17, 2012, the Plaintiff, the Defendant, and C (the mother of the Plaintiff), and D (the birth of the Plaintiff) filed an application for approval of the new establishment of a factory with respect to the land E in Kimpo-si, Kimpo-si, Kimpo-si (hereinafter “E land”), F land (hereinafter “F land”), and G land (hereinafter “G land”), and obtained approval for the new establishment of a factory from the Kimpo-si on June 14, 2012 (hereinafter “approval for the new establishment of a factory”).

B. The Kimpo-si had the Plaintiff, the Defendant, and C, and D bear each registration license tax, farmland preservation charges, performance guarantee, etc. in relation to the approval for the establishment of the factory of this case.

On July 27, 2012, the Plaintiff paid 5,525,400 won in total, including registration license tax of 26,000 won and farmland preservation charges of 55,49,400 won to be paid by the Defendant at the Defendant’s request.

C. After that, the construction of a factory pursuant to the approval for the establishment of the factory of this case was not scheduled, and the Kimpo-si revoked the approval for the establishment of the factory of this case on January 2014, and the Defendant was refunded KRW 50,079,160 from the Korea Rural Community Corporation on January 14, 2014.

With respect to the approval for the establishment of the factory of this case, the Plaintiff prepared land E, F, G land and H land at Kimpo-si (hereinafter “H land”) as follows:

1) On March 15, 2012, the Plaintiff entered into a sales contract with the seller I to purchase E’s land at KRW 514,350,00 (contract deposit of KRW 52,00,000,000, remainder of KRW 462,350,000). On the same day, the Plaintiff paid KRW 52,00,000 for the down payment to I. On May 9, 2012, the Plaintiff paid KRW 52,000 for the said land under the name of D for the reason of “sale on March 22, 2012.” The Plaintiff completed the registration of ownership transfer (the transaction price of KRW 685,90,000,000) for the said land, and paid the remainder to I for the same day as the maximum debt amount of KRW 618,80,000,000, the debtor D, the mortgagee of the right to collateral security, and the right to collateral security.

In the process, all expenses, such as transfer of ownership, are incurred.

arrow