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(영문) 대전지방법원홍성지원 2014.09.25 2013가합895

손실보상금

Text

1. Attached 1 real estate for which the Korea Environment Corporation has made a compensation decision due to the project undertaken to purify contaminated soil around C.

Reasons

1. Facts of recognition;

A. On August 4, 2004, the Plaintiff purchased from the Defendant each of the real estate listed in the separate sheet No. 1 (hereinafter “instant land”) for KRW 150,00,000 the total number of standing timber listed in the six buildings and the annexed sheet No. 2 attached hereto (hereinafter “instant obstacles”) from the Defendant, and paid the Defendant the remainder in full on October 29, 2004.

B. On July 27, 2012, a land purchase compensation plan for the instant land was publicly announced as part of the project for the purification of contaminated soil around the Gu, and the Korea Environment Corporation, which was entrusted with the said compensation project, notified the interested parties of the amount of compensation and requested a consultation on November 9, 2012 after going through the appraisal of the obstacles, etc. in this case.

C. Although the Plaintiff attempted to comply with the above compensatory agreement, the Defendant asserted ownership of the obstacles in the instant case, and disputing the Plaintiff’s rights, the above compensatory payment is currently reserved.

[Ground of recognition] The facts without dispute, Gap evidence 1-2, Eul evidence 2-1-2, Eul evidence 2-2-1, 2, 3-3, and Gap evidence 3-5's overall purport of pleading [the defendant's defense that Gap evidence 1-1 (a sales contract) was forged retroactively from the date of preparation by the defendant's use of a certificate of personal seal which the defendant issued to He who is the plaintiff's husband around 209, which caused damage to the registration of standing timber, but it is not sufficient to recognize Eul's statements and witness I's testimony alone as forged, and there is no other evidence to acknowledge this otherwise. Rather, in full view of Gap evidence 1-1 and witness evidence's testimony, the above sales contract was prepared by the defendant on August 4, 200 and the plaintiff's husband's testimony at his husband's request, and thus, the defendant's defense of forgery is not reasonable].

2. According to the above facts of recognition, the obstacles of this case are purchased by the plaintiff, and the right to receive compensation for losses shall also belong to the plaintiff.

The defendant of this case.