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1. The part of the judgment of the court of first instance against the plaintiff regarding the claim for the establishment of a farm road shall be revoked, and the revoked part shall be revoked.
Reasons
1. The Plaintiff’s assertion is the owner of the land B, C, D, and E (hereinafter “each of the instant land”).
The above land is a land subject to a project for supporting dam construction and its neighboring areas under Article 43(1) and (5) of the Act on Construction of Dams and Assistance, etc. to their Environs (hereinafter “Construction Act”) and Article 41(1)1 of the Enforcement Decree of the Construction of Dams Act in a F’s planned flood level within 100 meters from the F’s planned flood level. Pursuant to Article 43(4)2 of the Construction of Dams Act, the executor of the above support project is a Ansan market
Therefore, pursuant to the attached Table 6 of Article 40(2) of the Enforcement Decree of the Dam Construction Act, the Defendant is legally obligated to open a farm road for the Plaintiff’s land as part of the income increase project.
(2) The Plaintiff is liable to compensate the Plaintiff for property damage of KRW 7,814,710 (279,097 monthly income in the case of cultivating a shoulder by being established as a farmer x 28 months from September 12, 2016 to the delivery date of a copy of the complaint in this case) and KRW 27,814,710 in total, and KRW 27,814,710, and KRW 93,380 (27,814,710, 710, and KRW 28 months from the delivery date of a copy of the complaint in this case until the establishment of a farm) pursuant to Article 2 of the State Compensation Act and Article 751 of the Civil Act.
2. Determination as to the legitimacy of the part on the claim for the establishment of a farm road among the lawsuit in this case
A. Article 7 of the Administrative Litigation Act provides that a transfer to a competent court shall be made by applying Article 34(1) of the Civil Procedure Act in a case where an administrative litigation is filed in a court where the level of the litigation differs without the Plaintiff’s intention or gross negligence, and it is desirable in terms of the relief of rights or the economy of litigation to transfer to a competent court rather than to dismiss a lawsuit of violation of jurisdiction on account of its illegality. Thus, the case to be brought by the Plaintiff as a