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(영문) 서울고등법원 2016.12.14 2015나31706
부당이득금
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff’s establishment and purpose (i) The Korea Land and Housing Corporation acquired all land in the project area until December 201 for “A housing site development project” implemented at Pyeongtaek-si AEth.

Doddr Korea Land and Housing Corporation decided to lease land which has not been started for the efficient management of the land which has not been started due to the commencement of construction of the above project.

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

B. (i) The Plaintiff entered into a lease agreement with the Korea Land and Housing Corporation on March 29, 2013, and entered into an agreement with the Plaintiff on the lease of a total of 2,595,728 square meters, such as Pyeongtaek-si RR 1,008 square meters in the pertinent business area, and agreed on the contract period from the date of entering into the agreement to December 31, 2013, up to December 31, 2013, the rent was KRW 238,806,980, which is 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 the “instant lease agreement”). The main contents of the instant lease agreement are as follows.

Article 2 (Lease of the Korea Land and Housing Corporation) The Korea Land and Housing Corporation shall designate the purpose of leasing land as farmland cultivation, accept it, and shall not use and take profits from the leased land for any purpose other than the designated purpose.

Article 5 (Management Expenses) (1) Fees for the use of public facilities and other expenses for similar uses required for farming shall be borne by A, regardless of his name.

(2) A shall bear costs incurred in land management (such as recovery costs, etc. to destroyed roads).

(3) The supply of agricultural water.

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