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(영문) 제주지방법원 2013.04.18 2012가합2695
부당이득금반환
Text

1. The Defendant’s KRW 39,345,420 as well as the Plaintiff’s annual rate of KRW 5% from October 9, 2012 to April 18, 2013.

Reasons

1. Basic facts

A. The Plaintiff as the party concerned owns each land listed in the attached Table 1 as a local agricultural cooperative established under the Agricultural Cooperatives Act, and the Defendant is the subject to whom the farmland preservation charges accrue.

B. (1) On December 17, 2010, the Plaintiff applied for a building permit for the purpose of constructing cultural and assembly facilities, Class 1 and Class 2 neighborhood living facilities, and warehouse facilities on the five lots, including each land listed in attached Table 1 to the Jeju Mayor around November 2010, and obtained a building permit from the Jeju Mayor on December 17, 2010. Pursuant to Article 11(5)7 of the Building Act, the permission for diversion of farmland was deemed to have been deemed to have been granted.

(2) On December 17, 2010, Jeju Mayor imposed farmland preservation charges of KRW 186,195,660 on the Plaintiff regarding the said farmland diversion permission. The Plaintiff paid the said farmland preservation charges on January 4, 201.

C. (1) With respect to the imposition of farmland preservation charges as of December 31, 2010, the Plaintiff filed a construction permit with the Jeju Mayor on the fourth parcel of land, including the land stipulated in attached Tables 4 through 5, and obtained a construction permit from the Jeju Mayor on December 31, 2010, for the purpose of constructing dangerous substance storage and disposal facilities on the fourth parcel of land, such as the land stipulated in attached Tables 4 through 5, and the permission for the diversion of farmland was deemed to have been granted pursuant to Article 11(5)7 of the Building Act.

(2) On December 31, 2010, Jeju Mayor imposed farmland preservation charges of KRW 152,133,120 on the Plaintiff regarding the said farmland diversion permission. The Plaintiff paid the said farmland preservation charges on January 10, 201.

(1) As to the imposition of farmland preservation charges on September 16, 2011, the Plaintiff (1) on the disposition of imposition of farmland preservation charges on August 2011

C. (1) An application for a permit to modify a building permit to add the land specified in paragraph (6) of [Attachment 1] to the site for the storage and disposal facility of dangerous substances is filed on September 16, 201; and

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