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(영문) 청주지방법원 2015.08.12 2014가합27118
부당이득금
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. In around 2007, the Plaintiff implemented a project to improve agricultural infrastructure in a zone in the land located in the Chungcheongbuk-gun C pursuant to the former Rearrangement of Agricultural and Fishing Villages Act (wholly amended by Act No. 9758 of Jun. 9, 2009). The Defendants owned the land in the said rearrangement project zone, and Defendant B’s son.

B. During the process of formulating a land substitution plan under the above rearrangement project (hereinafter “instant land substitution plan”), E, the Plaintiff’s land surveyor, proposed to Defendant A “the increase in the previous land area to be substituted,” and the Defendant A accepted the said proposal.

Therefore, E received money from Defendant A and falsely entered a land substitution plan (hereinafter “instant tort”) in a manner that increases the size of 2,281 square meters by increasing the size of 3,381 square meters by 7,873 square meters in size, G 803 square meters in size, Defendant A-owned (hereinafter “instant tort”).

C. On December 13, 2007, the General Meeting of Beneficiaries of the instant land substitution plan determined the land price of 75,000 won per square year for replotting, and the Plaintiff imposed 10,884,880 won as land substitution settlement money and granted 20,485,480 won as land substitution settlement money to Defendant B based on the aforementioned resolution and the land substitution plan in which E was falsely entered.

The instant land substitution plan was authorized and publicly announced on July 28, 2008, and accordingly, in the case of Defendant A, the said F land was substituted with the land of 3,124m2, K 131m2, L 922m2m2, M 2,311m2, N 2,182m2 with the land of 10,98m2,394m2 and the land of Defendant B was substituted with the land of 10,394m2,394m2 (hereinafter “instant land substitution disposition”).

E. Afterward, the Plaintiff collected the above KRW 10,884,880 from Defendant A in accordance with the land substitution plan publicly notified by the Plaintiff and granted the above KRW 20,485,480 to Defendant B.

(f).

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