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(영문) 전주지방법원군산지원 2019.08.16 2018가단56396
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The pertinent Plaintiff, as a child of D, is the Defendant’s assistance between D and South Korea, and C is the Defendant’s husband.

B. On February 2008, C representing the Defendant, each land indicated in the separate sheet that was owned by the Plaintiff and the Defendant (hereinafter “each land of this case”) around February 2, 2008.

(2) After selling the land to E Corporation, the Plaintiff planned to receive the payment of farmland purchase funds by re-purchasing the Plaintiff’s name, which is a person eligible for fostering full-time farming. On February 22, 2008, the Plaintiff sold each of the instant land to E Corporation in KRW 79,490,000 (59,625,000) from E Corporation on February 26, 2008, with the purchase price of KRW 79,490,00 (the purchase price of each of the instant land shall be KRW 59,625,000) as farmland purchase funds, and the Plaintiff shall be paid KRW 19,865,000 out of the purchase price with the Defendant’s funds on the same day, and the Defendant thereafter paid all of the Plaintiff’s payment of the funds by subrogation for E Corporation from January 15, 2010 to January 20, 2014.

On August 5, 2016, the Plaintiff and C were convicted of having been sentenced to a suspended sentence of two years for six months for each of the following reasons: “In collusion, the Plaintiff did not intend to refrain from farming in each of the instant land; C borrowed the Plaintiff’s name; purchased the farmer; and paid subsidies in installments; however, the Plaintiff concluded a contract to purchase the land with the Plaintiff’s intent to purchase the land as if he/she purchased the land as a professional farmer; and acquired the land by receiving KRW 59,625,00 from E Corporation with the payment of farmland purchase funds for KRW 59,625,00 from E Corporation as if he/she purchased the land as a professional farmer; and C appealed appealed appealed as the former District Court 2016No1036, Jan. 26, 2017; however, the appeal was dismissed on April 28, 2017 by Supreme Court Decision 2017Do2827, Apr. 27, 2017.

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