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(영문) 대구지방법원서부지원 2015.09.09 2014가단9827
부당이득금
Text

1. As to KRW 34,252,595 among the Plaintiff (Counterclaim Defendant) and its KRW 24,252,595 among the Plaintiff (Counterclaim Defendant) and the Plaintiff (Counterclaim Defendant) on August 18, 201.

Reasons

1. Basic facts

A. On August 13, 2010, the farmland 58912 square meters (hereinafter “forest land before division”) owned by the Defendant was divided into C forest land 8918 square meters (hereinafter “divided C forest”), D forest land 36851 square meters (hereinafter “instant forest”) and E forest land 13143 square meters, and the registration of subdivision was completed on September 17, 2010.

Division C Forest land and instant forest land were divided into E forest land and divided into E forest land.

B. On July 21, 2010, the Plaintiff operating a mine business: (a) entered into a lease agreement with the Defendant on the 9917 square meters of forest land (al.e., approximately 3,000 square meters of forest land) before division; and (b) paid KRW 15,00,000 to the Defendant in return for collecting old soil in the said forest land.

C. Around August 2010, the Plaintiff filed an application for permission for mountainous district conversion for the purpose of developing an elderly local mine with respect to the area of 9860 square meters among the leased leased premises under the name of G, and obtained permission from the head of Sungju-Gun on September 6, 2010.

A. Forest land before division:

The area of 9860 square meters, which was divided as prescribed in paragraph (1), was 694 square meters among the divided C forests and 2916 square meters among the instant forests, and the divided C forest is 45842 square meters of H forests and fields owned by the Defendant (hereinafter “instant 2 forest”).

E. While the Plaintiff was engaged in collecting older soil in the forest land for which permission was granted, the Plaintiff engaged in collecting older soil without permission for the part 3782 square meters and 804 square meters among the forest land in the instant case No. 1 and the forest land No. 2, and engaged in collecting older soil without permission. Accordingly, around June 2011, the Defendant filed a complaint against illegal conversion against Sung-gun Forest and F, a lessee, under the lease agreement, and sent the same accusation to F as of June 17, 201, and then the Plaintiff became aware of the Defendant’s accusation around that time.

F. On July 13, 2011, the Plaintiff entered into a contract for the purchase of forest land of this case with the Defendant as KRW 167,200,000, and entered into the contract for the purchase of forest land of this case on the same day, and the down payment is ten.

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