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(영문) 서울중앙지방법원 2016.06.09 2014가합549982

손해배상(기)

Text

1. Defendant Republic of Korea and the Korea Rural Community Corporation jointly share to the Plaintiff KRW 100,081,862, as well as Defendant 1.

Reasons

1. Basic facts

A. From May 2002, the Plaintiff is owned by the representative director of the Plaintiff, who was in possession of the Plaintiff’s 4,545 square meters in the Gandong-gun B. The Plaintiff leased and uses the said land from the Plaintiff’s representative director. In addition, the Plaintiff’s land was owned by C, 5,382 square meters, D, 5,836 square meters, E, E, 1,962 square meters, and F, 1,514 square meters in the G, D, E, and F, and the Plaintiff leased and used each of the said land from the said partnership corporations (hereinafter “Plaintiff’s business site”).

(2) As part of G projects (hereinafter “instant G projects”), Defendant Korea’s Republic of Korea ordered the construction work of H (hereinafter “H”) which is “the multi-functional multi-purpose function” as an ordering agency for the construction work of the Defendant Korea Water Resources Corporation, and Defendant Korea Korea Rural Community Corporation carried out the project of remodeling farmland to be re-established into farmland after laying the river dredging soil generated from the instant G projects on farmland. Defendant Korea Rural Community Corporation operated and operated H. The Korea Water Resources Corporation.

B. (1) The Defendant Korea Water Resources Corporation (amended by Act No. 11690, Mar. 23, 2013) established an implementation plan for the G project in the instant case on the following grounds: (a) around 2009, the details of Article 10(1) of the former Korea Water Resources Corporation Act (amended by Act No. 11690, Mar. 23, 2013) are as shown in attached Table 1. The Ministry of Land, Transport and

On December 1, 2009, the Minister has obtained approval from the Minister, and the Minister of Land, Transport and Maritime Affairs announced it to I.

1. Name of the project: G project;

2. Name and address of the project implementer;

(a) Implementers: The President of the Korea Water Resources Corporation;

3. Objectives and details of the project;

(a)the creation of sound aquatic ecosystems by the lack of future water for the project purposes, the strengthening of response capacity against droughts, the realization of safe improvement of water quality of rivers and the restoration of rivers;