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(영문) 대법원 2014.12.24 2012다68606
부당이득금반환
Text

Of the judgment of the court below against the Defendants, the part of the judgment of the court below concerning the real estate stated in the annexed Form 1 shall be from July 31, 2009.

Reasons

The grounds of appeal are examined.

1. As to the Defendants’ grounds of appeal

A. Article 26(1) and (2)1 of the former Enforcement Decree of the State Property Act (amended by Presidential Decree No. 20463, Dec. 28, 2007; hereinafter “Enforcement Decree of the State Property Act prior to the amendment of Presidential Decree No. 2007”); Article 26(1) and (2)1 of the former Enforcement Decree of the State Property Act (amended by Presidential Decree No. 20463, Jul. 27, 2009; hereinafter “individual land price” of the relevant land under the Public Notice of Values and Appraisal of Real Estate Act shall be applied; Article 26(1) and (2)1 of the former Enforcement Decree of the State Property Act (wholly amended by Presidential Decree No. 21641, Jul. 27, 2009; hereinafter “Enforcement Decree of the State Property Act”) provides that the publicly announced individual land price of the relevant land shall be determined based on the publicly announced individual land price of the relevant land under Article 26(1) and (2)1)1 of the former Enforcement Decree of the State Property Act.

On the other hand, the former Enforcement Decree of the Local Finance Act and the Public Property Management Act (hereinafter referred to as the "Public Property Management Act"), which are the basis for calculating the rent for the land which is the public property.

(b).

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