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(영문) 전주지방법원군산지원 2017.05.19 2016가합10874
부당이득금
Text

1. The defendant is against the plaintiffs:

(a) The interest rate of KRW 15,592,50 and each of the above amounts shall be from March 1, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The use of the land before the instant partition and the Defendant’s status 1) The C 96,049 square meters (hereinafter “the land before the instant partition”) in Gunsan-si prior to the partition.

The former Farmland Improvement Association was owned by D. The former Farmland Improvement Association installed irrigation facilities such as irrigation channels, drainage channels, etc. around the land prior to the subdivision of this case in order to supply agricultural water to the land surrounding the land prior to the subdivision of this case, and used water and drain water to the land surrounding the land prior to the subdivision of this case using the land prior to the subdivision of this case. 2) The land prior to the subdivision of this case was adjoining E reservoir to the west and F reservoir to the west, each reservoir was managed by the former Farmland Improvement Association. The said reservoir was managed by the former Farmland Improvement Association. The water flowing from the E reservoir was partially turned down through the land prior to the subdivision of this case, and some of the water was acquired to the F reservoir through the pumping which was managed by the former Farmland Improvement Association.

3) Meanwhile, the former Agricultural Community Modernization Promotion Act (repealed by Article 2 of the Addenda to the Farmland Improvement Association Act (Act No. 5077 of Dec. 29, 1995); hereinafter “former Agricultural Community Modernization Promotion Act”).

(1) The former Agricultural Infrastructure Corporation and Farmland Management Fund Act (amended by Act No. 5759, Feb. 5, 1999; hereinafter “former Agricultural Infrastructure Corporation Act”) established on February 5, 1999.

In accordance with the former Agricultural and Rural Infrastructure Corporation Act, on January 1, 200, the Korea Agricultural and Rural Infrastructure Corporation established on January 1, 200 pursuant to Article 9 (1) of the Addenda to the former Agricultural and Rural Infrastructure Corporation Act comprehensively succeeded to the rights and obligations of the said Corporation.

All repair facilities such as the above reservoir, irrigation channel, drainage channel, etc. managed by the Jeonbuk Farmland Improvement Cooperatives are now managed by the defendant.

B. D Lawsuits between D and the Korea Agricultural and Rural Infrastructure Corporation are equivalent to the rent for the land prior to the division of this case against the Korea Agricultural and Rural Infrastructure Corporation by the court 2001Kahap1333.

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