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(영문) 대전지방법원서산지원 2015.04.29 2013가단5475

손해배상(기)

Text

1. The defendant shall be the plaintiff.

(a) deliver each real estate listed in the separate sheet;

B. 11,177,30 won and September 18, 2014

Reasons

1. The following facts may be acknowledged in light of the respective descriptions of Gap's evidence Nos. 9 to 16, 27, and Eul's evidence Nos. 1 to 8, and the purport of Gap's testimony and pleading as a whole.

① The Defendant obtained permission from the Minister of Construction and Transportation for reclamation of public waters in Seosan City C, and performed a project to create reclaimed farmland from April 1981 to June 197 (hereinafter “instant project”).

② In the process of implementing the instant project on December 2, 1985, the Defendant filed an application for subrogation to divide the instant land into D forest land 694 square meters and 3025 square meters of land E (hereinafter “land before the instant partition”) with the head of Jinjin-gun (Seoul Special Metropolitan City, from January 1, 2012 to Jinjin-si), which was located in the project district, (i) D forest land 94 square meters and ii) E forest land 3025 square meters (hereinafter “instant land before the instant partition”), and was divided as above on December 6, 1985.

Since then, the Defendant opened a farm road and ditch in part of the land before the instant partition, and buried the said land without the Plaintiff’s consent.

③ On October 23, 1995, the Defendant developed reclaimed land through the instant project and arranged subdivisions, and completed registration of ownership preservation on the land located in the project district.

④ The Defendant, without surveying the boundary on March 5, 199, sold to B, without having conducted a surveying on March 5, 199, the Fri-si, 4814 square meters and G paddy-si, 3558 square meters adjacent to each of the instant real estate, and completed the registration of ownership transfer.

B occupied and cultivated the land that was sold by the Defendant without recognizing the fact that the land owned by the Plaintiff included 519 square meters of H forest owned by the Plaintiff.

⑤ The Defendant installed a farm road and ditch in part of the land before the instant partition and formed an 886 square meters of I forest land in Jin-si among each of the instant real estate.

The defendant classified the above land as non-owned land and let B cultivate it in possession.

(6) On the other hand, on July 6, 2012, the Defendant: (a) completed registration conversion of the instant land before the instant partition into Jin-si, Jin-si, Jin-si, Jin-si; and (b) again, constitutes each real estate indicated in the separate sheet (hereinafter “each of the instant real estate”).