손해배상(기)
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On April 21, 2016, Defendant Kim Jong-si performed the confirmation construction of access roads to the C Village in Kim Jong-si, and performed the compensation procedure by notifying the Plaintiff, who is the owner of the land of Kim Jong-si, D, 423 square meters (hereinafter “instant land”) and E 5 square meters (hereinafter “instant neighboring land”) to be incorporated into the said project site in accordance with the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, as follows.
Land compensation for the instant land item amounting to KRW 7,635,150; KRW 1,229,660; KRW 90,250; land compensation for the instant neighboring area; KRW 575,00; KRW 14,530; and
B. Defendant Kim Jong-si paid the above amount of compensation to the Plaintiff in relation to the above business, and subsequently acquired the instant land and its neighboring land through consultation from the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Eul evidence 4, the purport of the whole pleadings
2. The parties' assertion
A. In the Plaintiff’s assertion, Defendant Kim Jong-si purchased the instant land by consultation, and did not compensate for about 20,000 copies of Yung Kim Kim Jong-si, a 6-year-year-old donation of this case’s land, but did not compensate. The Plaintiff demanded compensation for the obstacles to the instant land at Defendant Kim Jong-si. However, as between Defendant Kim Jong-si’s failure to implement the compensation procedure, Defendant B buried the instant land as soil and buried Y Kim Jong-sung, which was owned by the Plaintiff.
In 2017, the Plaintiff was planned to sell harvested trees using the ppuri portion of the cultivated mulberry, but Defendant Kim Jong-si did not proceed with the compensation procedure, and did not take any measures at the time the instant land was buried. Defendant B buried the instant land without permission and buried tending mulberry trees. The Plaintiff was a joint tort committed by the Defendants.