손해배상(기)
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
1. Facts of recognition;
A. The land before the division, Asan City B and C (hereinafter “the land before the division”) was registered as the unregistered land that the Defendant (hereinafter “Defendant clan”) registered in title trust to D, E, F, G, and H5 in the forest cadastral book.
The above five persons were all deceased in around 1995, and I will be the heir of D.
B. A part of the land before the instant partition was incorporated into the J Corporation (hereinafter “instant Corporation”) enforced in 194 through 1995.
On February 14, 1995, the part of the land incorporated above was divided into 2,059 square meters of K forest and L forest and 163 square meters of land. On the same day, M-road 2,059 square meters of land (hereinafter “instant land”) and N-3 square meters of land (hereinafter “instant land 2”) were combined, and the registration conversion was made.
C. On February 13, 1995, in order to calculate the amount of compensation for the land and obstacles included in the instant construction, including each of the instant land, the Plaintiff requested an appraisal to the office of the professional appraiser and the P appraiser’s office, and determined the arithmetic mean of the appraised value as the amount of compensation. On March 15, 1995, the Plaintiff notified the R et al. and 45 persons, who are eligible for compensation, to pay compensation pursuant to Article 5-7 of the Enforcement Rule of the former Act on Special Cases concerning the Acquisition of Land and Compensation for Damages.
The amount of compensation for each of the instant lands was determined as KRW 24,386,250 (i.e., KRW 23,163,750 for the instant land No. 23,163,750). In this regard, the “written confirmation of compensation” prepared by the Plaintiff’s employee W, and the “written protocol of land incorporated into the JJ” written by the owner of each of the instant lands indicated as Qu (which appears to be a clerical error in D) or D, and the “pro rata of compensation for the land incorporated into Si, Gun, and rural communities” written by the said W as “I” is written by the recipient of compensation KRW 24,386,250 for the said land.
The defendant clan.