손해배상(기)
1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. On September 12, 2014, the Defendant obtained permission to occupy and use a river site of 5,784 square meters in total, including 3,871 square meters, in Gyeonggi-gun, Gyeonggi-do, for a river site of 5,784 square meters, from September 12, 2014 to December 31, 2017.
B. On October 22, 2014, the Defendant agreed to the Plaintiff that “The right to occupy and use the river site is owned by the State, and is used in accordance with the conditions of the permission-granting agency, and shall not raise an objection against the transferor,” as a special agreement, to the effect that the Defendant transferred the right to occupy and use the river site to the Plaintiff at KRW 25 million among the said river site (hereinafter “instant land”).
(hereinafter “instant transfer contract”). C.
The Plaintiff paid the Defendant the down payment of KRW 2.5 million on the date of the instant transfer contract, and KRW 22.5 million on November 11, 2014, respectively.
On November 6, 2014, the Plaintiff reported the acquisition of a permit to occupy and use a river to the head of Gyeyang-gu Gun, and the head of Gyeyang-gu Gun added the conditions of permission to the effect that “the State or a local government may not exercise the permit to occupy and use a river if the State or a public interest organization intends to cancel the occupancy and use of a river due to public use or public project and use it,” upon granting the permit to occupy and use the land of this case in the name of the Plaintiff from November 6, 2014 to December 31, 2017 after accepting the said report on the same day.”
(hereinafter referred to as “instant permission for occupation and use of rivers”). (e)
On November 2017, when the period of permission to occupy and use a river was expired, the Plaintiff rejected the Plaintiff’s application for extension of permission to occupy and use a river on the ground that “the extension of permission to occupy and use a river is impossible for public works pursuant to Article 70 of the River Act”.
[Ground of Recognition] Unsatisfy, Gap 1 to 5, 8.