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(영문) 수원지방법원 2017.09.29 2016나71058

손해배상(기)

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport.

Reasons

1. The reasoning of the court’s explanation as to this case is as follows, except for the determination as to the Plaintiff’s additional assertion, and therefore, it is consistent with the reasoning of the judgment of the court of first instance. Thus, this is acceptable in accordance with the main sentence of Article 420 of the

2. Determination on the additional argument

A. 1) Determination of the Plaintiff’s assertion that the portion of the reduced area of the land in this case suffered damages to the extent of the reduced area in the public register due to the correction of the official cadastral record on the land in this case’s assertion, which resulted in the Defendants’ expropriation of the reduced portion of the land in an unlawful manner without any separate compensation procedure. Therefore, the Defendants are liable to compensate the Plaintiff for the damages incurred to the Plaintiff, which was damaged by the expropriation of the decreased part of the land in this case’s land in this case’s unlawful manner. 2) Determination of the Plaintiff’s assertion of the so-called infringement of the expropriation permission is based on the premise that the Plaintiff’s actual loss was caused to the Plaintiff through the correction of the official cadastral record on the land in this case’s case’s case’s land.

Therefore, the Plaintiff’s above assertion is without merit as long as it was determined prior to the Plaintiff’s actual loss of land as the area decreased in the cadastral record of the instant land.

B. As to the Plaintiff’s assertion that the survey on the instant land was conducted in a wrong manner as of May 2014 at the time of Defendant Mine Name-si, the Plaintiff’s assertion that the previous survey was conducted in a wrong manner was incurred as much as the corrected area. This part of the Plaintiff’s assertion appears to be based on the premise that the registered area on the instant land is not 1,039 square meters, but the existing 1,309 square meters, the corrected area

The plaintiff, the plaintiff.