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(영문) 창원지방법원 2013.01.31 2012구합605
영농손실보상금지급
Text

The defendant's KRW 50,059,648 to the plaintiff and its 5% per annum from July 23, 2011 to January 31, 2013.

Reasons

Details of the disposition

On July 30, 2009, the Plaintiff sold the said land to Nonparty B on the following grounds: (a) on August 30, 2009, the ownership transfer registration was completed on August 20, 209.

B At the time of the contract for the sale of land as seen earlier, the Plaintiff agreed to “to suspend cultivation in any case when the owner of the instant land demands to suspend the use of the instant land as the cultivator,” and received a written notice from the Plaintiff on May 10, 2010.

The Defendant purchased five parcels from B on December 31, 2010, excluding Nos. 2. and 5. of the instant land, as the project implementer of the project for developing a regional general industrial industrial and industrial complex (the date of approval for its implementation; hereinafter referred to as “instant project”).

The amount of compensation per unit area of the instant land is KRW 3,797/m2.

【The Plaintiff’s assertion as to the legitimacy of the instant disposition and disposition of this case as to the facts without any dispute, Gap’s evidence Nos. 1, 3, Eul evidence Nos. 1, 2, and 1 and 2, the witness B and E’s testimony, and the purport of the entire pleadings is as to whether the instant disposition is legitimate, and thus, the Defendant shall compensate the Plaintiff for the amount of farming loss.

It shall be as shown in the attached Form of the relevant statutes.

Judgment

In other words, the following circumstances that can be acknowledged when compiling the overall purport of the pleadings on the aforementioned facts and evidence Nos. 3 and 8, namely, ① at the time of purchase of the instant land by the Plaintiff from the Plaintiff, the Plaintiff’s side was frightened from the said land at the time of purchase of the instant land, and the Plaintiff’s continued use of the said land even after the purchase of the said land, and thus, received a letter of promise to suspend cultivation at his own request on May 10, 2010, and ② the Plaintiff’s promise to suspend cultivation on or around December 27, 2010.

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