손실보상금증액청구의 소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. Since 1981, the Plaintiff, as the owner of five parcels, including Jeonnam-gun D, Jeonnam-gun, and five parcels of land, has built livestock pens, managers, composts, etc. on some of the above land (D, E, and F) and engaged in the two money business.
B. On June 25, 2009, the Plaintiff filed a civil petition to the Defendant on June 25, 2009 to the effect that the J Village where more than 20 households reside at approximately 135 meters in the vicinity of the stable operated by the Plaintiff, the K Village where more than 20 households reside at approximately 174 meters in the distance of about 174 meters, the L Village where more than 100 households reside at about 686 meters in a distance of about 450 meters, and the number of residents of more than 10 persons, I and 100 people residing in the neighboring village, are seriously damaged by malodor generated from the Plaintiff’s stable, thereby requesting the Plaintiff to transfer the Plaintiff’s stable.
C. On October 27, 201, the former head of the Gun: (a) incorporated the said livestock shed site into a project site for the purpose of relocating the livestock shed operated by the Plaintiff; and (b) publicly announced the implementation plan for the instant housing development project B (hereinafter “instant project”); and (c) designated the project operator as his/her own.
On October 24, 2011, the Defendant: (a) requested the Plaintiff to hold a consultation on the indemnity amounting to KRW 1,321,45,370 in the aggregate of KRW 1,321,720,09,668,720, obstacles and operating indemnity amounting to KRW 1,321,45,370; and (b) attached a report on the assessment of the conditions and confirmation of the obstacles subject to the indemnity amount (No. 5-4), stating the obstacles subject to the indemnity amount and the amount of the indemnity amount, “the report on the assessment of the conditions and confirmation of the obstacles (No. 5-4), 1236.25 square meters per 236.25 square meters per each without permission, 241.2 square meters per annum, 241,248,720, and 3924 square meters per building without permission, each of the above documents stating the Plaintiff’s losses and the amount of the indemnity amount.
E. On November 201, the Plaintiff’s “the Plaintiff between the Defendant and the Defendant” up to April 2012.