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(영문) 춘천지방법원 2018.11.28 2017나54064
부당이득금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order shall be revoked.

Reasons

1. Basic facts

A. As to the forest land owned by the Defendant (hereinafter “instant forest”) and its ground standing timber (hereinafter “instant standing timber”), the Defendant publicly announced “in accordance with the execution of the sale of the forest land in 2015” with the content that “the bidding procedure for selling the forest land is conducted through the public announcement of the tender subject to sale after the market price assessment of the land and standing timber through the determination of the number of standing timber in the forest land by the survey of standing timber, and refer only to the forest land with 1/2 of the expenses for the survey of standing timber to the public tender and the survey of standing timber.”

B. On May 19, 2015, Plaintiff A filed an application for purchase with the Defendant. On May 21, 2015, Plaintiff A deposited KRW 1,160,000 of the standing timber survey cost for the instant forest land, but did not sell the forest through a bid.

C. On October 11, 2016, the Plaintiffs and the Defendant purchased the instant forest and standing timber at KRW 232,117,000 (hereinafter “the instant purchase price”) (hereinafter “the instant purchase price”).

B. The instant purchase price was fully paid by November 17, 2016.

The following shall be indicated in accordance with the sales contract of this case.

D D

D. Plaintiff A completed the registration of ownership transfer on November 17, 2016 with respect to the share of 60/100 among the instant forest land; Plaintiff B and C with respect to the share of 20/100 out of each of the instant forest land.

E. On December 13, 2016, literature-si notified the Plaintiffs that the area of the instant forest is 374,083 square meters in the forest register, but the actual area is 277,764 square meters in the forest register, and thus, it is subject to correction of registered matters under Article 94(1) of the Enforcement Rule of the Act on the Establishment, Management, etc. of Spatial Data.

[Reasons for Recognition: Evidence A(which may include a number number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Determination

A. The plaintiffs' assertion is that the actual area of the forest of this case.

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