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(영문) 수원지방법원 2015.11.24 2015가단22997
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. [Exchange Agreement] On March 9, 2012, the Plaintiff entered into an exchange contract with the Plaintiff on the following: (a) the Plaintiff: (i) the 1studio 101, 745.95 square meters, 102, 630.56 square meters, 103 square meters, 619.93 square meters, and B, owned by the Plaintiff; (ii) the total area of the 675 square meters of building, 1281.96 square meters and 1957.21 square meters (592 square meters); (iii) the Plaintiff entered into an exchange of the 180.861 square meters (53,710 square meters) of the total area, which is the Plaintiff’s ownership, for the purpose of the exchange of land in this case (hereinafter “the instant Qa forest contract”); and (iv) the 1957 square meters in total, 1281.9 square meters and 196 square meters in building area (hereinafter “the instant forest land”).

B. [Provision prior to the Contract for Exchange] Du referred to in B, while explaining the current status of Q and T forest of this case in the course of preparation to conclude the instant exchange contract, U presented a map (Evidence No. 2) indicating the map (Evidence No. 2), which was reproduced by the office of Pyeongtaek-gun, Chungcheongnam-gun, Gangwon-do, and the Rural Road Network Authority (hereinafter referred to as the “Agricultural and Fishing Road Network Authority”) to the Plaintiff, along with a Gun operated by Pyeongtaek-gun at the entrance of the instant Q and T forest. In addition, I presented an interview engineer (Evidence No. 3) as to the instant Q and Q forest of this case.

C. [Master Road Master Plan] On September 30, 1994, the instant QP forest announced the master plan for agricultural and fishing villages, planned to be 6.0km of WW road 6.0km, which was revised and announced on July 8, 2005, and revised to W 3.9km, which was revised and announced again on January 25, 2013, and revised to W 2.9km.

[W road status] At the time of the closing of the argument in this case, W roads of QP forest of this case are contained in the asphalt package (videos No. 6-1), which is the starting point, and thereafter concrete packaging is made, and it leads to a place managed by the Korea Forest Service and continues to lead to the non-packaged soil path.

E. [The current status of rural road networks] The road networks produced by the Defendant in the QP forest of this case also in the year 2008.

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