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(영문) 서울남부지방법원 2017.10.27 2017가단218653

손해배상(기)

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 20, 2002, the Defendant: (a) consulted with L on April 20, 200, 1/5 shares out of 678 square meters of Si-si M road and 1/5 shares out of 1,971 square meters of N forest land in Si-si; and (b) prepared a written agreement with L on May 1, 2002; and (c) paid 25,390,000 won to L according to the compensation agreement, and acquired its ownership.

- accept the execution of the construction for the land to be incorporated into the O road works and receive 25,380,000 compensation after the transfer of ownership and the removal of obstacles.

Provided, That in cases of obstacles, compensation may be paid in advance according to the removal letter.

- The right to use land, etc. after the receipt of the indemnity shall belong to the project implementer, and shall not claim all the rights, such as compensation for damages caused by the construction works

- Removal of obstacles shall be borne by the project operator, and matters concerning land shall be governed by the sales contract.

B. Around that time, the Defendant discussed the same contents as P, a 1/5 equity right holder of the land acquired through consultation, and acquired ownership by paying the compensation therefor.

C. The ORoad Construction Work was completed in around 2006, and the above land acquired through consultation has been used as a site for O road law until now.

Considering the cross-section of No. 5 (Design Map), it seems that the instant land was designed as a slope of the access road to the O-road and completed the construction as a result of the completion of the construction. D.

L died on April 13, 2007, and as the wife, there was Plaintiff B, C, D, E, and F, who is the wife.

In addition, P died on December 14, 2016, and there was Plaintiff G, Plaintiff H, I, J, and K, the wife of the property heir.

[Ground of recognition] Facts without dispute, Gap evidence 6, Gap evidence 7-1, 2, Eul evidence 1-1 to 5, Eul evidence 2-5, and the purport of the whole pleadings

2. Determination on the plaintiffs' claims

A. The Minister of Construction and Transportation had the right of repurchase on the plaintiffs' assertion 1, which occurred at the time of January 18, 2007.