Plaintiff (Attorney Cho Sung-ok, Counsel for the plaintiff-appellant)

Kimcheon-si and one other (Attorney Lee Jong-deok, Counsel for the plaintiff-appellant)

January 15, 2019

1. Defendant Kimcheon-si is the Plaintiff:

(a) remove cement packaging roads of the land listed in the separate sheet, and deliver each of the above land;

B. From January 23, 2018 to January 23, 2018, the amount of money calculated at the rate of KRW 6,040 per month shall be paid.

2. The plaintiff's remaining claims against defendant Kimcheon-si and the claims against defendant 2 are all dismissed.

3. Of the costs of lawsuit, 70% of the portion arising between the Plaintiff and Defendant Kimcheon-si shall be borne by the Plaintiff, the remainder by Defendant Kimcheon-si, and the portion arising between the Plaintiff and Defendant two shall be borne by the Plaintiff

4. Paragraph 1 can be provisionally executed.

The defendants jointly pay to the plaintiff 10,000,000 won with 15% interest per annum from the day after the delivery date of the copy of the complaint of this case to the day of complete payment.

1. Facts of recognition;

The following facts do not conflict between the parties, or may be acknowledged by taking into account each description or image of Gap evidence Nos. 1 through 11 (including the number of branch numbers; hereinafter the same shall apply), the result of the request for surveying and appraisal to the Korean appraiser Kimcheon branch, the result of the request for appraisal by the appraiser Nos. 2, the whole purport of the arguments.

A. On January 23, 2014, the Plaintiff is a person who purchased forest land of 59,504 square meters ( Address 1 omitted) in the auction procedure and completed the registration of transfer of ownership.

B. On September 30, 1994, Defendant Kimcheon-si designated the part of Section A (a) of the annexed sheet among the forest land in the instant case as a road, and conducted cement packaging thereafter, and entered it in the annexed sheet around October 2013.D. In order to secure space for traffic of vehicles, cement packaging construction was conducted.

C. The Plaintiff filed a civil petition by Defendant Kimcheon-si, which without permission, constructed a road on his own forest and field of this case. During that process, the Plaintiff accused that public officials belonging to Defendant Kimcheon-si provided false information, omitted the Plaintiff’s civil petition, and converted the use of a mountainous district without permission, but

(d) Rent from January 23, 2014 to January 22, 2015 of each land listed in the separate sheet (hereinafter “instant land”) is KRW 58,903, and rent from January 23, 2015 to January 22, 2016 is KRW 62,108, and rent from January 23, 2016 to January 22, 2017 is KRW 68,517, and rent from January 23, 2017 to January 22, 2017 is KRW 71,722, and rent from January 23, 2017 to January 22, 2018.

E. Defendant 2 is a person who served as △△△△△ from July 1, 2006 to June 30, 2018.

2. Determination

A. According to the above facts, Defendant Kimcheon-si is obligated to remove cement packaging roads of the instant land and deliver the instant land to the Plaintiff. In addition, Defendant Kimcheon-si is obligated to pay to the Plaintiff the money calculated at the rate of KRW 261,250 ( KRW 58,903 + KRW 62,108 + KRW 62,517 + KRW 68,517 + KRW 71,722) and KRW 6,040 per month from January 23, 2018 to the completion date of delivery of the instant land.

B. The Plaintiff asserts that Defendant Kimcheon-si should jointly pay 10,000,000 won for consolation money to the Plaintiff, since Defendant Kimcheon-si without the consent of the Plaintiff’s relocating owner of the instant forest, and Defendant Kimcheon-si caused mental damage to the Plaintiff by providing false information or omitting a civil petition with respect to the Plaintiff’s filing of civil petitions.

However, it is not sufficient to recognize that the entries or images of Gap evidence 2 through 11 are sufficient to provide false information to the plaintiff or omitted the plaintiff's civil petition, and there is no other evidence to acknowledge this. The plaintiff's claim for this part is without merit.

3. Conclusion

Therefore, the plaintiff's claim against the defendant Kimcheon-si shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as it is without merit. The plaintiff's claim against the defendant 2 shall be dismissed as it is without merit. It is so decided as per Disposition.

(attached Form omitted)

Judges Composition of Judges