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(영문) 서울고등법원 2012.07.04 2012나20125
부당이득금반환
Text

1. All appeals filed by the plaintiff and the defendants are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff, a state-owned property, has formed a golf course with the permission to occupy and use each real estate listed in the separate sheet No. 1 through No. 5 [Attachment No. 1] (hereinafter “Management Office”: Ministry of Finance and Economy), 2, 3 real estate listed in the separate sheet No. 2, 3, 3, 3, 4, 4, 4, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 197, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 1, and 5, 5, 5, and 3, 5, 5, and 3, 5, 3, 5, and 3

According to the above creation of a golf course, a large number of the lands in this case, which were used as a previous, ditch, road, forest land, etc., were changed into a sports site.

B. On June 18, 2003, the Plaintiff concluded a loan agreement on the land of this case and renewed the said loan agreement every year with the land of this case, which was delegated by Defendant Republic of Korea to Defendant from June 18, 2003.

(hereinafter “The instant loan agreement”). Article 3 of the loan agreement stipulated that “in the case of land, the rent shall be determined every year on the basis of the property value calculated for each year pursuant to Article 26(2)1 of the Enforcement Decree of the State Property Act” and Article 5 “the Plaintiff shall not claim reimbursement of expenses, etc. under Articles 203 and 626 of the Civil Act.”

(2) On the other hand, the Yongsan City annually calculates the property value according to the officially assessed individual land price based on the use conditions at the time of renewal of the contract where the pertinent land is used as a golf course, and calculates the rent by means of multiplying the rate of 50/1,000.

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