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(영문) 춘천지방법원원주지원 2017.11.07 2017가단1539
부당이득반환
Text

1. The claim of this case is dismissed.

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

Reasons

Basic Facts

The Plaintiff is the owner of the land in this case (hereinafter collectively referred to as “each of the land in this case”) of the 2,916 square meters prior to B in Suwon-si and C forest land 10,003 square meters in Won-si in Seoul-si.

The Defendant, on March 29, 2002, entered into an agreement on the gathering of soil and sand on each of the instant lands (hereinafter “PP”)

(2) The term “fung forest industry, etc.” in the total of 3 companies

B) As between the Defendant and the Pung Forest Industry, etc., D No. 10 Construction Works (hereinafter “instant Construction Works”).

(2) On May 12, 2011, the date when the agreement was concluded, the Plaintiff entered into an agreement on the change of the contract for construction work between the Pung Forest Industry, etc. on November 30, 2012, with respect to the instant construction work. (2) On May 12, 201, the Plaintiff entered into an agreement on the change of the contract for construction work between the Pung Forest Industry, etc., with E and F, the owner of the neighboring land, to adjust the amount of the contract for the instant construction work. As of May 12, 2011, the land category and area of the instant land was 21,987 square meters at forest land as of May 12, 201, the date when the agreement was concluded. Since then, the land category was changed as at the present time and the area was changed as at the present time due to the division. As to the use of the soil borrow for the instant construction work

Article 1(Purpose)This Convention is to determine the matters necessary for the smooth implementation of the use of earth and sand (collection, loading, transportation, and restoration of soil and stone) in B and two parcels in the Won-si from among the D 10 Section No. 10 Construction Works.

Article 3 (Rules of Implementation) 1) “B” (including the plaintiff)

hereinafter the same shall apply.

(A) The Government shall cooperate with respect to the collection, transportation, and restoration of earth and rocks so as not to impede the fairness of the earth and rocks and shall be responsible for the implementation of the following matters, and shall mean "A" (Pung Forest Industry).

hereinafter the same shall apply.

)A civil or criminal objection may not be raised against the project owner and persons related to the project (such as the ordering agency, supervision group, prime viewing and viewing by the prime contractor, subcontractor, joint contractor, environmental office, etc.

(2) "B" shall be discussed.

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