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(영문) 대구지방법원김천지원 2017.08.25 2016가합15665
부당이득금
Text

1. The defendant's KRW 2,020,290,562 and the plaintiff's among them

(a) As regards KRW 1,364,755,790, January 1, 2013 to December 31, 2013

Reasons

1. Facts of recognition;

A. On May 1, 1989, the Plaintiff constructed and opened a golf course with the trade name, “SCC” on June 30, 1994, on each of the land listed in the attached Table 1 Real Estate List, which is owned by the Defendant (hereinafter “each of the instant land”) and the land for sports of 43-1 square meters in the Sinsi-dong, Sinsi-si, Sinsi-si, Sinsi-si, Sinsi-si, and operates it up to the present day.

The details related to the loan charges among the loan agreements on each of the instant land concluded between 2012 and 2014 by the Plaintiff and the Defendant (hereinafter “each of the instant loan agreements”) are as follows:

The contents of the instant loan contract for the lending period from the No. 50, Jan. 1, 2012 to Dec. 31, 2012 shall be governed by the provisions of the Public Property and Commodity Management Act, the Enforcement Decree of the same Act, and the Gu/Si Ordinance on the Management of Public Property.

▷대부료 산출 시 토지가격 기준은 개별공시지가를 적용하며, 연 대부료율은 1000분의 50으로 정한다.

2. The provisions of Article 3 of the Public Property and Commodity Management Act, the Enforcement Decree of the same Act, and the Gu-Si Ordinance on the Management of Public Property shall apply to the rent from January 8, 2013 to December 31, 2013 on November 31, 2013 to December 31, 2013.

▷대부료 산출 시 토지가격의 기준은 대부료 산출 시의 개별공시지가를 적용하며, 연 대부료율은 1000분의 50으로 정한다.

B. Each of the instant lands was originally set up as a dry field, dry field, tomb field, cemetery, road, etc., where the soil between the mountain valleys, where the land category was mostly a forest and field forming an ordinary or higher slope, or where the soil between mountain valleys was boomed. However, the Plaintiff obtained a loan from the Plaintiff, and used it as a golf course after building a golf course by relaxing the gradient at his own expense and constructing it as a packing road.

C. 1 The defendant is based on the price of each land of this case based on the officially assessed individual land price determined based on the current status of the plaintiff's golf course development.

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