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(영문) 부산고등법원 2020.01.09 2019나50154
부당이득금
Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On November 13, 2000, the Suwon-gu Busan Metropolitan City (hereinafter “Yyoung-gu”) obtained a reclamation license for the area of the public waters located in the Busan-gu BJ branch line of Suwon-gu Busan Metropolitan City, and BK-C fishing village fraternity (hereinafter “C fishing village fraternity”) consented to the reclamation of public waters on January 26, 2001.

B. On September 27, 2001, Suwon-gu prepared an agreement on the implementation of a private capital inducement project on the reclamation of public waters in the Dan-gu with respect to the public waters and the BL corporation (mutual name after the change on August 10, 2004: Co., Ltd. E; hereinafter “E”) as follows:

(hereinafter referred to as the “instant Convention”). Article 2 (Reasons and Name of the Project) This project is a public water reclamation project under the Public Waters Reclamation Act, which is a “Dunching Public Waters Reclamation Project.”

Article 3 (Definitions) The definitions of terms used in this Convention shall be as follows:

(1) A project operator: The project operator means the Suwon-gu Busan Metropolitan City which is a local government under Article 9 (4) of the Public Waters Reclamation Act.

(3) Private investors: Parties to this Agreement, which are corporations designated as private investors by a project operator and which will carry out the project.

Article 5 (Sharing of Duties) (2) "B" (E) shall carry out the following affairs:

Environmental review, loss, and damage compensation Article 8 (Land Ownership) ① Land generated from this project shall belong to "A" at the same time as the completion thereof.

(2) The payment in kind of land belonging to "A" shall be made in kind to the fishing village fraternity compensation at the request of a private investor and a private investor, respectively. Article 15 (E) "B" (E) shall fulfill the conditions of the license for reclamation of public waters and the conditions of the authorization of the implementation plan for reclamation of public waters.

C. C fishing village fraternities agreed on May 18, 2002 on the reclamation of public waters in Young-gu and E.

C The fishing village fraternity held a total conference on June 14, 2002, and explain the agreement on reclamation of inland ports.

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