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(영문) 서울고등법원 2016.11.25 2015나31690
부당이득금반환
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Under the facts found, each of the facts is recognized by taking into account the following facts: (a) there is no dispute between the parties; or (b) there is a request for appraisal by the court of first instance for appraiser Y by the appraiser Y by the Korean Land and Housing Corporation; and (c) the overall purport of each fact-finding by the chief of the office of the first and

[1] The Korea Land and Housing Corporation acquired all land in the project area by not later than December 201 in order to “A housing site development project” implemented in Pyeongtaek-si AD.

The Korea Land & Housing Corporation decided to lease non-projected land temporarily for the efficient management of land in the project zone.

On March 6, 2013, the Plaintiff was established with five promoters or members for the purpose of cultivating crops by leasing land in the project zone from the Korea Land and Housing Corporation or for the purpose of holding office for former owners or farmers.

[2] On March 29, 2013, the Plaintiff entered into a contract with the Korea Land and Housing Corporation for leasing a total of 2,595,728 square meters, including Pyeongtaek-si X 1,008 square meters in the pertinent business area, and agreed on the contract period from the date of entering into the contract to December 31, 2013, the rent was KRW 238,806,980, which is 92 square meters per 1 square meter.

After that, on August 8, 2013, the Plaintiff and the Korea Land and Housing Corporation agreed to change the leased land to the total land area of 2,300,919 square meters, and the rent of 92 square meters per 1 square meter, 211,684,550 won, respectively.

(hereinafter referred to as “instant lease agreement.” The instant lease agreement stipulates that the Plaintiff cannot use or make profits from the leased land for any purpose other than the cultivation of crops, and it cannot be used for the leased land for any third party other than the recipient of agricultural loss compensation who resides in the said project area. In the event that the recipient of agricultural loss compensation among the leased land wishes to cultivate the farmland he/she has received compensation, the recipient shall preferentially cultivate the leased land, but the rent shall be the same.

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