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(영문) 수원지방법원여주지원 2016.07.20 2015가단5493
손해배상등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 10, 2012, while the Plaintiff owned 99/894 shares and D 2,694 square meters (hereinafter “each of the instant real estate”) among the 894 square meters in Echeon-si, Echeon-si, the Plaintiff obtained permission for development activities for the purpose of constructing housing for each of the instant real estate from Echeon-si (hereinafter “each of the instant permission”), and the same year.

4.3. Farmland preservation charges were paid KRW 55,461,90 (hereinafter “instant charges”) to the Korea Rural Community Corporation.

B. On August 12, 2013, the Plaintiff sold each of the instant real estate in KRW 612 million to Defendant B, and the same year.

9. 30. Defendant B completed the registration of ownership transfer for each of the instant real estates.

C. On June 3, 2013, Defendant B, upon filing an application for change of the name holder of each permission in the instant case, obtained permission for change from Leecheon-si, and upon filing an application for revocation of each permission in the instant case on October 20 of the same year, received the refund of the instant charges from the Korea Rural Community Corporation.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4-1, Eul evidence 2-1 to 6, the purport of the whole pleadings

2. The Plaintiff’s assertion did not transfer his right to the instant charges to Defendant B, and Defendant B received the instant charges from the Korea Rural Community Corporation despite the agreement to refund the instant charges to the Plaintiff at the time of purchasing each of the instant real estate. Defendant B is obligated to pay the instant charges and damages for delay thereof to the Plaintiff due to tort or unjust enrichment, and Defendant Republic of Korea paid the instant charges to the Plaintiff to the Plaintiff. As the joint tort manager or the duty to return the instant charges to the Plaintiff, the Plaintiff is obligated to pay the instant charges and damages for delay.

3. As to whom the right to the charge in this case belongs, the health care unit and the status as to whom such right belongs.

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